Intended Vs. Incidental Beneficiary
In order for a third party beneficiary to have any rights under the contract, he must be an intended beneficiary, as opposed to an incidental beneficiary. The burden is on the third party to plead and prove that he was indeed an intended beneficiary.
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Famous quotes containing the words intended and/or incidental:
“That anger can be expressed through words and non-destructive activities; that promises are intended to be kept; that cleanliness and good eating habits are aspects of self-esteem; that compassion is an attribute to be prized—all these lessons are ones children can learn far more readily through the living example of their parents than they ever can through formal instruction.”
—Fred Rogers (20th century)
“Besides, our action on each other, good as well as evil, is so incidental and at random, that we can seldom hear the acknowledgments of any person who would thank us for a benefit, without some shame and humiliation. We can rarely strike a direct stroke, but must be content with an oblique one; we seldom have the satisfaction of yielding a direct benefit, which is directly received.”
—Ralph Waldo Emerson (1803–1882)