Wilken owes Rivera $2000. Howie promises Wilken that he will pay Rivera the $2000 in return for Wilken's promise to give Howie's children guitar lessons. Is Rivera an intended beneficiary of the Howie-Wilken contract?

I am not sure if Rivera is an intended beneficiary or incidental beneficiary. Can someone explain this to me please? Thanks

To determine whether Rivera is an intended beneficiary or an incidental beneficiary of the contract between Howie and Wilken, we need to understand the difference between these two types of beneficiaries.

1. Intended Beneficiary: An intended beneficiary is someone who is specifically identified and intentionally named as a beneficiary in a contract. The contract must clearly show that it was intended to confer a benefit or give rights to the third party.

2. Incidental Beneficiary: An incidental beneficiary is someone who may receive an unintended benefit from a contract but does not have enforceable rights under the contract. They are not specifically named or intended to benefit from the contract.

Now, let's apply this to the situation described:

Wilken owes Rivera $2000, and Howie promises to pay Rivera the $2000. In return, Wilken promises to give Howie's children guitar lessons. Here we have a contract between Howie and Wilken, and the question is whether Rivera is an intended beneficiary or an incidental beneficiary.

Upon careful analysis, it appears that Rivera is an intended beneficiary in this situation. The contract explicitly states that Howie promises to pay Rivera the $2000, so Rivera is specifically named and intended to receive the payment. This makes Rivera an intended beneficiary. The contract creates a direct obligation on Howie's part to Rivera.

It is important to note that if the contract did not explicitly mention Rivera or did not clearly indicate an intention to benefit Rivera, then Rivera would be an incidental beneficiary. However, since the contract directly involves the payment to Rivera, it can be reasonably concluded that Rivera is an intended beneficiary of the Howie-Wilken contract.