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The carpenter completed the work, but the homeowner incurred costs of $2,000 to correct minor deficiencies in the work.
A carpenter owed a bank $22,000 on an outstanding personal loan. The carpenter and a homeowner entered into a contract under which the carpenter agreed to perform work for the homeowner and the homeowner agreed to pay $22,000 to the bank within 30 days of completion of the work.
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B is incorrect. The homeowner must pay $20,000 of the contracted amount, as promisee of the carpenter's promise to do the work. It can assert the $2,000 claim for damages, but against the bank as the intended beneficiary of the contract, not against the carpenter who performed the service as the bank stands in for the carpenter in the contract.
C is incorrect. The bank is not an incidental beneficiary. An incidental beneficiary is one who may benefit from the contract, but that benefit is not the primary purpose of the contract. Here, the bank is an intended beneficiary that can enforce a contract to which it is not a party because the parties intended the contract to benefit that beneficiary. Restatement (Second) of Contracts § 302.
D is incorrect. As an intended beneficiary, the bank can assert the carpenter's rights under the contract. Here, the carpenter's breach was not material, so the homeowner's obligation was not discharged. Even if the carpenter's breach was material, the bank could recover the value of the work done for the homeowner as restitution. Restatement (Second) of Contracts § 374.