Crucial Exams

Multistate Bar Examination Practice Question

Emily contracts with a software development firm to create a custom application designed to benefit her business partner, David. The contract explicitly states that the application will include features tailored to David’s specific needs. David, who is not a party to the contract, believes he has the right to enforce the contract terms directly against the software firm. What best describes David’s status regarding the contract?

  • David is an intended third-party beneficiary and can enforce the contract.

  • David is an incidental beneficiary and lacks rights to enforce the contract.

  • David is not able to enforce the contract because he was not originally a party to it.

  • David needs to join as a party to the contract to have enforceable rights.

Multistate Bar Examination
Contracts
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