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:
“In a seriously intended intellectual emancipation a person’s mute passions and cravings also hope to find their advantage.”
—Friedrich Nietzsche (1844–1900)
“What has history to do with me? Mine is the first and only world! I want to report how I find the world. What others have told me about the world is a very small and incidental part of my experience. I have to judge the world, to measure things.”
—Ludwig Wittgenstein (1889–1951)