Heavyweight boxers Mike Tyson and Evander Holyfield met in 1997 in Las Vegas for a championship match. During the third round of the fight, a desperate Tyson bit off a piece of Holyfield's ear. The fight continued until moments later when Tyson bit Holyfield's other ear. Tyson was disqualified. Some fans were so outraged that they sued Tyson and the fight promoters seeking a refund. They sued on the basis of, among other theories, a claim to being third-party beneficiaries to various contracts into which the defendants had entered. The fans:
A)Can recover as third party done beneficiaries
B)Can recover as third party creditor beneficiaries
C)Can recover as third party intended beneficiaries
D)Cannot recover as they are merely incidental beneficiaries with no rights in the contracts to which Tyson was a party.

Question

Heavyweight boxers Mike Tyson and Evander Holyfield met in 1997 in Las Vegas for a championship match. During the third round of the fight, a desperate Tyson bit off a piece of Holyfield's ear. The fight continued until moments later when Tyson bit Holyfield's other ear. Tyson was disqualified. Some fans were so outraged that they sued Tyson and the fight promoters seeking a refund. They sued on the basis of, among other theories, a claim to being third-party beneficiaries to various contracts into which the defendants had entered. The fans:​
A)Can recover as third party done beneficiaries
B)Can recover as third party creditor beneficiaries
C)Can recover as third party intended beneficiaries
D)Cannot recover as they are merely incidental beneficiaries with no rights in the contracts to which Tyson was a party.

Quizplus · Accepted Answer

The fans cannot recover as they are considered incidental beneficiaries rather than intended beneficiaries of the contracts related to the boxing match. Intended beneficiaries have rights in a contract specifically intended for their benefit, while incidental beneficiaries benefit from a contract indirectly without any direct intention from the contracting parties to benefit them. In this case, the contracts for the boxing match were primarily between Tyson, Holyfield, and the promoters, not directly intended to benefit the fans.

Heavyweight Boxers Mike Tyson and Evander Holyfield Met in 1997