301. Third-Party Beneficiary Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] is not a party to the contract. However, [name of plaintiff] may be entitled to damages for breach of contract if [he/she/it] proves that [insert names of the contracting parties] intended for [name of plaintiff] to benefit from their contract. It is not necessary for [name of plaintiff] to have been named in the contract. In deciding what [insert names of the contracting parties] intended, you should consider the entire contract and the circumstances under which it was made. ___________________________________________________________________________ New September 2003