D) Neither term since the 42 Mike bought vacant land and entered ino a contract with Barney to build a shopping center on the land, Burgers Unlimited was infrmed the-we andbuia a restaurant on an adjoining piece of property ofthe Mike did not build the ehecould raise the necessary money. center becaus If Burgers Unlimited sued Mike for breach of contract as a third-party beneficiary, Burgers Unlimited will probably A) win as a third-party donee beneficiary. B) lose as a third- party incidental beneficiary. C) lose as a third-party creditor beneficiary. D) win as a third-party creditor benefici Clary. by convincing the court that: ment in writing. burden or risk under the