Tom hires Hank to do some roofing on his house for $3000. Hank owes Tom's wife $500 for the last payment on a car he bought from her a few months ago. They talk to her and she agrees that Hank will give Tom a $500 credit on his bill to reflect payment of that debt. But Tom is still a little short of cash. Tom recently won two Elton John concert tickets in a radio contest, and knows that Hank and his wife love Elton John. So they agree that Tom will also get a credit of $300 in exchange for those tickets. Finally, Tom knows that Hank is a strong PETA supporter. Tom's employer has a matching gift program that will triple the amount of any contribution made by employees to a charity. Tom suggests that he'll contribute $100 to PETA in Hank's name, but that with his employer's contribution, it will triple to $300. Hank agrees to give Tom another $300 credit on his bill.
Who are the intended third party beneficiaries of this agreement? Remember: A third party beneficiary is a someone who was NOT a party to the contract but stands to benefit from it.
Who are the incidental third party beneficiaries of this agreement?
A Who is the creditor third party beneficiary?
Who is the donee third party beneficiary?
Which third party beneficiaries can enforce the agreement? Which ones can't?