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4.4-26 Rights of Beneficiary and Promisee
New September 28, 2012
If you find that the plaintiff is an intended beneficiary under the contract, you must then determine if
<name defendant(s)> breached the contract. The plaintiff’s right(s) (is/are) no greater than the right(s) of the actual parties to the agreement,
<name parties to the contract>. [Instruct on allegations of Breach of Contract, Instruction 4.1-15.]
Authority
17A Am. Jur. 2d, Contracts § 448, p. 471.
Notes
If the contract language is clear and unambiguous as to the nature of the defendant’s performance, then the determination of the rights and obligations of the parties to the contract is made by the court as a matter of law. Otherwise, the jury should be instructed as provided in section 4.2, Interpretation of Express Contracts.
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