Third Party Beneficiary. Owens, a federal prisoner, was ...

[nevelica]

Third Party Beneficiary. Owens, a federal prisoner, was transferred from federal prison to the Nassau County Jail pursuant to a contract between the U.S. Bureau of Prisons and the county. The contract included a policy statement that required the receiving prison to provide for the safekeeping and protection of transferred federal prisoners. While in the Nassau County Jail, Owens was beaten severely by prison officials and suffered lacerations, bruises, and a lasting impairment that caused blackouts. Can Owens, as a third party beneficiary, sue the county for breach of its agreement with the U.S. Bureau of Prisons? Discuss fully.

Question 2

The duty of loyalty:
 a. requires a principal to place the agent's interests before the principal's personal interests or those of any third party
  b. refers to the medieval roots of agency law
  c. requires the agent to work for only one principal at a time
  d. requires the agent to work without compensation if necessary e. none of the other choices are correct

[bob]

Answer to Question 1

Third party beneficiary
Yes. The question was whether Owens was a mere incidental beneficiary, in which case he could have no claim for breach of contract, or whether he was an intended third party beneficiary. The court held that an intention to benefit a third party may be gleaned from the contract as a whole and the party need not be named specifically as a beneficiary. The policy statement indicated an intent on the part of the contracting parties to benefit federal prisoners, including Owens.

Answer to Question 2

e