1. Why is it that incidental beneficiaries cannot enforce rights under a contract? Should they be able to enforce such rights?
2. A potential expert witness made an oral agreement with a plaintiff's attorney to testify on behalf of the plaintiff for $60,000 . However, after receiving the money the witness backed out and would not testify or pay back the money. The witness claimed that the plaintiff could not sue them because the oral contract was with the lawyer, not the plaintiff. Yet, the plaintiff claimed that she was a 3rd party beneficiary to the contract. The court made a landmark decision regarding expert witness and 3rd party beneficiary case law. What do you think the surprising decision was in this case? Why do you think that?
3. Brad Gupta formed two companies, Ameriquest and AnA Aviation, for which he purchased 3 planes that were in lease agreements with US Airways. After the events of 9-11, US Airway did not renew the lease for the planes now owned by Gupta and therefore he was unable to continue his loan payments. US Banks foreclosed and sold the planes and sought to enforce the loan agreements for the millions still owed by Gupta after the sale of the planes. Mr. Gupta argued that due to 9-11 there was a massive loss to the airline industry and due to that it was impossible for him to pay the loans. Did Gupta raise the defense of impossibility?
1. What are the facts that led to the breach of contract trial?
2. According to the story, which side is more likely to win? Why?
3. What are the possible implications (e.g., damages) of the case?
4. Go online and find the results of the case. Were you surprised? Provide the link to the information.
Video: R.O. Contract with G & J
Follow this format when completing Case #6 study
1. Introduction Paragraph (summary of the case)
2. You must answer every question at the end of each case study.
3. Conclude your case study with your personal reaction to the case study and a Christian perspective.
4. Your answers must be supported by using the textbook and at least one outside resource retrieved from the Pontious Library Database.
5. You must conform to the APA format when citing information from the text or any other sources.
This material may consist of step-by-step explanations on how to solve a problem or examples of proper writing, including the use of citations, references, bibliographies, and formatting. This material is made available for the sole purpose of studying and learning - misuse is strictly forbidden.Question 1
An incidental beneficiary is a third party who unintentionally benefits from a contract between others (Kubasek, 2015, p. 263). The contract law covers two types of third parties (incidental and intended beneficiaries). While the contract law is enforceable for intended beneficiaries, it is not binding for incidental beneficiaries due to the following four facts (Kubasek, 2015):
There is no written or oral agreement between incidental beneficiaries and other parties.
There is no clear purpose in the contract to benefit a class of persons or a third party to which the incidental beneficiaries belong.
Incidental beneficiaries cannot establish that a contract has been breached (it did not exist).
There lacks no damage to the incidental beneficiaries by the breach of contract....
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