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:
“I believe very profoundly in an over-ruling Providence, and I do not fear that any real plans can be thrown off the track. It may not be intended that I shall be President—but that would not break my heart.”
—Woodrow Wilson (1856–1924)
“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)