Question

Susan wanted to give a diamond pendant to Lucy, her daughter. Susan entered into a contract with Andrew, a dealer who specializes in diamond jewelry. Susan had promised to pay him if he delivered the pendant to Lucy. Andrew withdrew from the contract and Lucy wanted to sue him. Which of the following statements is true in this scenario?
A. Lucy cannot sue Andrew as Susan's promise was gratuitous and therefore unenforceable.
B. Lucy can sue Andrew as she is a creditor beneficiary of the contract.
C. Lucy can sue Andrew as she is a donee beneficiary of the contract.
D. Lucy cannot sue Andrew as she is an incidental beneficiary of the contract.

Answer 1

Answer: Lucy can sue Andrew as she is a donee beneficiary of the contract

Explanation:

From the question, we are told that Susan wanted to give a diamond pendant to Lucy, who is her daughter. Susan then entered into a contract with Andrew, who is a dealer that specializes in diamond jewelry.

Susan had promised to pay him if he delivered the pendant to Lucy but later Andrew withdrew from the contract and Lucy wanted to sue him.

In this case, Lucy cannot sue Andrew because she is a donee beneficiary. It should be noted that as a donee beneficiary of the contract, the will only get the benefit of the contract as a gift but the contract is really between Susan and Andrew. She is not a party to the contract technically.