Which Factors Are Considered by a Court in Determining Whether

question 70

Multiple Choice

Which factors are considered by a court in determining whether a party is an intended or incidental beneficiary?

• A) Whether performance of the contract is done directly to the third party and whether the contract directly states that the third party is the benefiting party, but not the third party's ability to control the specifics of performance of the contract.
• B) The third party's ability to control the specifics of performance of the contract, but not whether performance of the contract is done directly to the third party or whether the contract directly states that the third party is the benefiting party.
• C) Whether the contract directly states that the third party is the benefiting party, but not the third party's ability to control the specifics of performance of the contract or whether performance of the contract is done directly to the third party.
• D) Whether performance of the contract is done directly to the third party and the third party's ability to control the specifics of performance of the contract, but not whether the contract directly states that the third party is the benefiting party.
• E) Whether performance of the contract is done directly to the third party, the third party's ability to control the specifics of performance of the contract, and whether the contract directly states that the third party is the benefiting party.

---

Definitions:

Progressive Taxation

A tax system in which the tax rate increases as the taxable amount increases, often designed to distribute the tax burden more evenly across various income levels.

Recession

A significant decline in economic activity spread across the economy, lasting more than a few months, typically visible in GDP, real income, employment, and other indicators.

Economy Shrinks

A period during which an economy experiences negative growth, leading to a reduction in production, employment, and other economic activities.

Medicare

A federal health insurance program in the United States for people aged 65 and over, as well as for some younger individuals with disabilities.