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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 42-110a

Citation
Section 42-110a
Parent Document
Pinette v. McLaughlin, 901 A.2d 1269 (2006)
Jurisdiction
Connecticut (state)
Effective Date
2006-08-01

Other Sections in This Document (68)

Full Text

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“The law regarding the creation of contract rights in third parties in Connecticut is . . . well settled. . . . [T]he ultimate test to be applied [in determining whether a person has a right of action as a third party beneficiary] is whether the intent of the parties to the contract was that the promisor should assume a direct obligation to the third party [beneficiary] and . . . that intent is to be determined from the terms of the contract read in the light of the circumstances attending its making, including the motives and purposes of the parties. . . . Although ... it is not in all instances necessary that there be express language in the contract creating a direct obligation to the claimed third party beneficiary . . . the only way a contract [will] create a direct obligation between a promisor and a third party beneficiary [is when] the parties to the contract so intended.” (Citations omitted; internal quotation marks omitted.) Gazo v. Stamford, supra, 255 Conn. 261.