Fort Lincoln Civic Ass'n v. Fort Lincoln New Town Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding plaintiff’s negligence and breach of fiduciary duty claims based on the contract were “an impermissible re-characterization of the breach of contract claim” (internal quotation marks omitted)
• noting that “[a] promise in a contract creates a duty in the promisor to any intended beneficiary to perform the promise, and the intended beneficiary may enforce the duty” (alteration in original) (citation omitted)
• observing that state consumer protection statutes were “intended to overcome the pleadings problem associated with common law fraud claims by eliminating the requirement of proving certain elements such as intent to deceive and scienter”
• requiring that parties to contract intend to benefit third-party beneficiary “directly”
• “‘[Government contracts often benefit the public, but individual members of the public are treated as incidental beneficiaries unless a different intention is manifested.’ ”
• “Third-party beneficiary status requires that the contracting parties had an express or implied intention to benefit directly the party claiming such status.”

Source: CourtListener parenthetical corpus (CC0).