Which Factors Are Considered by a Court in Determining Whether

question 17

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,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.
• B)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.
• 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)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.
• E)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.

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Definitions:

Hydrogen

A colorless, odorless, and highly flammable gas that is the lightest and most abundant element in the universe.

Magnesium

A chemical element and mineral essential for various bodily functions, including nerve transmission, muscle contraction, and bone development.

Sodium-Containing

Referring to substances or foods that include sodium, an essential mineral that has various functions in the body but can be harmful in excess.

Isotonic IV Fluid

Isotonic IV fluid is a type of intravenous solution that has the same osmolarity as bodily fluids, commonly used for hydration and replenishment of lost fluids without causing cell shrinkage or swelling.