Section 5.8 Presumptions and Proof

• Library: Contracts 2016 Supp

D. (§5.8) Presumptions and Proof

Because parties to a contract normally contract for their own benefit, there is a strong presumption that parties to a contract have not contracted for the benefit of a third party. Laclede Inv. Corp. v. Kaiser, 596 S.W.2d 36, 42 (Mo. App. E.D. 1980). The implication necessary to overcome that presumption must be so strong as to amount to an express declaration of intent. Id. The presumption
may also be overcome through ambiguous contractual language coupled with...