Which of the Following Is True Regarding Factors Considered by a Court

question 60

Multiple Choice

Which of the following is true regarding factors 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.

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Definitions:

Employees

Individuals who are hired by a company or an organization to perform specific jobs in exchange for compensation.

Stratification System

The hierarchical arrangement of individuals in a society based on factors such as wealth, social status, and occupation, which affects their access to resources and opportunities.

Religious Groups

Collections of individuals who share the same faith or beliefs and often gather for worship, spiritual practices, and community support.

Businesses

Organizations engaged in commercial, industrial, or professional activities with the aim to generate earnings or profit.