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:
“it is best then that the buried word remain buried for we were intended to appreciate only its fruits and not the secret principle activating them to know this would be to know too much. Meanwhile it is possible to know just enough, and this is all we were supposed to know, toward which we have been straining all our lives.”
—John Ashbery (b. 1927)
“Almost always tradition is nothing but a record and a machine-made imitation of the habits that our ancestors created. The average conservative is a slave to the most incidental and trivial part of his forefathers’ glory—to the archaic formula which happened to express their genius or the eighteenth-century contrivance by which for a time it was served.”
—Walter Lippmann (1889–1974)