Del. P.J.I. Civ. § 19.21

THIRD PARTY BENEFICIARIES

[Plaintiff’s name] contends that he is a third-party beneficiary of the contract

between [defendant’s name] and [other party’s name].

A third-party beneficiary is a [person, corporation, etc.] who is entitled to

enforce a contract even though that [person, corporation, etc.] did not sign or

participate in the formation of that contract. The rights of a third-party claiming

beneficiary status must be measured by the terms of the agreement between the

signatories to the contract.

To prove that [plaintiff’s name] is a third-party beneficiary of [identify the

contract], [he/she/it] must prove the following by a preponderance of the evidence:

(1) the contracting parties must have intended that the third-party beneficiary

benefit from the contract;

(2) the benefit must have been intended as a gift or in satisfaction of a pre-existing obligation to that person; and

(3) the intent to benefit the third-party must be a material part of the parties’

purpose in entering into the contract.

Here, [plaintiff’s name] claims that [state contentions]. You must determine

whether [defendant’s name] was obligated to [plaintiff’s name] [or whether that

obligation remained with (other party’s name), an entity that is not a party to this

action.]