Which Factors Are Considered by a Court in Determining Whether

Multiple Choice

Which factors are considered by a court in determining whether a party is an intended or incidental beneficiary?

A) Whether performance of the contract is done directly to the third party and whether the contract directly states that the third party is the benefiting party, but not the third party's ability to control the specifics of performance of the contract.
B) The third party's ability to control the specifics of performance of the contract, but not whether performance of the contract is done directly to the third party or whether the contract directly states that the third party is the benefiting party.
C) Whether the contract directly states that the third party is the benefiting party, but not the third party's ability to control the specifics of performance of the contract or whether performance of the contract is done directly to the third party.
D) Whether performance of the contract is done directly to the third party and the third party's ability to control the specifics of performance of the contract, but not whether the contract directly states that the third party is the benefiting party.
E) Whether performance of the contract is done directly to the third party, the third party's ability to control the specifics of performance of the contract, and whether the contract directly states that the third party is the benefiting party.