Conn. Civ. Jury Instr. 4.4-25

Our law classifies beneficiaries to a contract into two categories: "intended beneficiaries," who

have a right to enforce a contract made by others, and "incidental beneficiaries," who have no

such right. The plaintiff claims that the parties to the contract <name parties to the contract>

intended to confer a direct obligation from <name defendant(s)> to the plaintiff as an intended

beneficiary and that the plaintiff is entitled to sue to enforce the contract <describe action

requested>. If you find that the plaintiff is correct, (he/she/it) would be considered an intended

or direct beneficiary of that contract with the right to enforce it against <name defendant(s)>. If

you find that the parties to the contract did not intend to create an obligation to the plaintiff and

that the benefit which the plaintiff was receiving from the contract was merely consequential or

indirect, then you must find that the plaintiff was merely an incidental beneficiary and cannot

enforce the contract.

[<Charge if third party beneficiary is being implied from the contract:> It is not necessary that

there be express language in the contract creating a direct obligation to the plaintiff.] The critical

fact which you must determine is whether <name parties to the contract> intended to create a

direct obligation from <name defendant(s)> to the plaintiff for (his/her/its) benefit. You must

determine whether this intent existed by considering the terms of the contract <if desired, insert

terms upon which parties rely> and the circumstances surrounding its making, including the

motives and purposes of the parties to the contract at the time of its creation.