Question
Krystal Ball owns a restaurant in Bigg City. The local newspaper reported that the City entered a contract with ABC Construction to build a new
Krystal Ball owns a restaurant in Bigg City. The local newspaper reported that the City entered a contract with ABC Construction to build a new convention center on land directly across the street from Krystal's restaurant. Krystal realized that her business would increase because of the visitors to the convention center. She leased additional space and expanded her restaurant. A month later, she learned that ABC Construction breached its contract and was not going to build the center. Bigg's City Attorney announced that the city decided not to sue ABC for breach and, instead, to proceed with alternate plans to build the convention center in a different part of town. Krystal wants to sue ABC Construction to recover what she spent to expand the restaurant on the grounds that she was a third party beneficiary of the contract between ABC and Bigg City.
Do you believe that she will be successful? Why or why not?
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