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:
“Your discovery of the contradiction caused me the greatest surprise and, I would almost say, consternation, since it has shaken the basis on which I intended to build my arithmetic.... It is all the more serious since, with the loss of my rule V, not only the foundations of my arithmetic, but also the sole possible foundations of arithmetic seem to vanish.”
—Gottlob Frege (1848–1925)
“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)