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Pros And Cons Vs Emmick

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15.2 Third-party Beneficiary
Who wins?

Robert Lucas wins the lawsuit against the attorney Hamm for breach of the Emmick-Hamm contract to recover $75,000 he would have received under the will. This case is a donee beneficiary contract were Lucas is an intended beneficiary or a donee beneficiary of the Emmick’s will. Emmick was the promisee when he hired Hamm to specifically to draft his will stating that the benefit is conferred to Lucas. Hamm as the promisor failed to confer performance for the benefit of the third-party Robert Lucas, by not properly drafting the will; which caused Emmick’s estate to be transferred pursuant to the state’s intestate laws making Lucas, not the third person on whom the $75,000 to be conferred. For this reason,

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