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Source Third Party Rights Delaware Bar Exam Topic Index Matched to this deck.

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0 tracked cards Delaware Essays

Buyer promises Seller that Buyer will pay $25,000 of the purchase price directly to Seller's named equipment lender. Buyer later pays Seller the rest of the price but refuses to pay the lender, and the lender sues Buyer as an intended beneficiary.
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The beneficiary may sue the promisor on the promise made for the beneficiary's benefit, subject to contract limits and defenses. The beneficiary may sue the promisor only for restitution, not contract enforcement. The beneficiary must elect between suing the promisor and suing the promisee before filing either claim. The beneficiary may sue only the promisee because the promisor owed no duty to nonparties.

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