Section 5.5 Restatement of Contracts Approach
| Library | Contracts 2016 Supp |
2. (§5.5) Restatement of Contracts Approach
The Restatement of Contracts (1932), adopted by the American Law Institute in 1932, divides beneficiaries of a contract into three classes:
1. Donee beneficiary
2. Creditor beneficiary
3. Incidental beneficiary
Restatement of Contracts § 133. A person is a donee beneficiary:
if it appears . . . that the purpose . . . in obtaining the promise of all or part of the performance thereof is to make a gift to the beneficiary or to confer upon [the beneficiary] a right...
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