Question
Brooks and Lara buy a home in an historic section of the City of Columbia, Missouri. The home has suffered from years of neglect and
Brooks and Lara buy a home in an historic section of the City of Columbia, Missouri. The home has suffered from years of neglect and needs many repairs. Brooks and Lara enter into an agreement with David to not only perform those needed repairs but completely renovate the home. Brooks and Lara's next door neighbor Jim is ecstatic because he believes that the renovation will transform the neighborhood and greatly imcrease his home value. Brooks and Lara pay David $100,000 to perform the work, but David quits after having performed only about 25% of the work. Brooks and Lara are devastated but decline to file a breach of contract suit against David because both are children of attorneys and "they have seen the devastation and anguish brought about by protracted litigation". Jim has no such concerns and files his own suit for breach of contract against David. What will be the result?
A. | Jim will win because the facts demonstrate a clear breach of contract. | |
B. | Jim will be entitled to recover the difference between the fair market value of his house before the renovation and after. | |
C. | Jim will be able to recover because he is an incidental beneficiary. | |
D. | Jim will not be able to recover because he is an incidental beneficiary. |
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