CHAPTER 9 Third Party Rights, Discharge, Breach, and Remedies. Learning Objectives. What is the difference between an assignment and a delegation? What factors indicate a third party is an intended beneficiary?
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3P Intended Beneficiary (Creditor and Donee) Original parties to K intend at the time of contracting that the contract performance directly benefit a 3rd party. After rights vest, 3P can sue for breach.
3P Incidental Beneficiary. Benefit is unintentional. 3P has no rights.