Third Party Beneficiary. Owens, a federal prisoner, was transferred from federal prison to the Nassau County Jail pursuant to a contract between the U.S. Bureau of Prisons and the county. The contract included a policy statement that required the

Question

receiving prison to provide for the safekeeping and protection of transferred federal prisoners. While in the Nassau County Jail, Owens was beaten severely by prison officials and suffered lacerations, bruises, and a lasting impairment that caused blackouts. Can Owens, as a third party beneficiary, sue the county for breach of its agreement with the U.S. Bureau of Prisons? Discuss fully.

Answer 1

Third party beneficiary
Yes. The question was whether Owens was a mere incidental beneficiary, in which case he could have no claim for breach of contract, or whether he was an intended third party beneficiary. The court held that "an intention to benefit a third party may be gleaned from the contract as a whole and the party need not be named specifically as a beneficiary." The policy statement indicated an intent on the part of the contracting parties to benefit federal prisoners, including Owens.