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Home/Law/Devon Smith owned an apartment building located on West 23rd Street in New York City. Smith contracted with Renew Discount Security, Inc., to install security locks on the front door of the building. On July 17, 1996, when Laura Eichner was visiting her fiancé at the building, she was accosted on the second-floor landing, dragged to her fiancé’s apartment, and raped. Eichner sued Renew for breach of contract, alleging that the front door lock to the building was improperly installed and could be opened by a firm push, even when the door was locked. Can Eichner sue Renew for breach of contract? What theory will she argue? Will she succeed?

Devon Smith owned an apartment building located on West 23rd Street in New York City. Smith contracted with Renew Discount Security, Inc., to install security locks on the front door of the building. On July 17, 1996, when Laura Eichner was visiting her fiancé at the building, she was accosted on the second-floor landing, dragged to her fiancé’s apartment, and raped. Eichner sued Renew for breach of contract, alleging that the front door lock to the building was improperly installed and could be opened by a firm push, even when the door was locked. Can Eichner sue Renew for breach of contract? What theory will she argue? Will she succeed?

Issue

Is Laura Eichner a third-party intended beneficiary of the contract between Devon Smith and Renew Discount Security, Inc? Generally, a third party can enforce the contract if their benefit was clearly intended. In theory, Laura will argue that the negligence shown by Renew Discount Security, Inc. resulted in her rape. She would claim that the offenders would not have accosted and raped her if the front door security lock had worked properly.

Decision

Laura Eichner will not succeed in suing Renew Discount Security, Inc. for the breach of contract. The security lock on the front door was supposed to enhance the safety of all people in the building. Furthermore, Laura was neither a creditor nor a donee beneficiary of the contract. There is no evidence in the case that she is related to Devon Smith or Renew Discount Security, Inc.

Therefore, Laura was not an intended third-party beneficiary of the contract between Devon Smith and Renew Discount Security, Inc. In this case, Eichner was a third-party incidental beneficiary because Devon Smith and Renew Discount Security Inc. unlikely considered the possibility of someone getting raped even if the lock failed. The incidental beneficiaries cannot enforce contracts; as such, Eichner’s claims about improperly installed lock will likely be dismissed by the court.

Finally, Eichner’s claim about Renew Discount Security, Inc.’s fault in improper lock installation might be factually inaccurate. For instance, the offender might have been exceptionally strong, and a firm push from an ordinary person would be insufficient to open the door. In addition, the lock might have been installed correctly but tampered with long before the events of July 17, 1996. In this regard, Renew Discount Security, Inc. might be exonerated from Eichner’s allegations solely on the basis of facts.

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Academic.Tips. (2023) 'Devon Smith owned an apartment building located on West 23rd Street in New York City. Smith contracted with Renew Discount Security, Inc., to install security locks on the front door of the building. On July 17, 1996, when Laura Eichner was visiting her fiancé at the building, she was accosted on the second-floor landing, dragged to her fiancé’s apartment, and raped. Eichner sued Renew for breach of contract, alleging that the front door lock to the building was improperly installed and could be opened by a firm push, even when the door was locked. Can Eichner sue Renew for breach of contract? What theory will she argue? Will she succeed'. 7 February.

Reference

Academic.Tips. (2023, February 7). Devon Smith owned an apartment building located on West 23rd Street in New York City. Smith contracted with Renew Discount Security, Inc., to install security locks on the front door of the building. On July 17, 1996, when Laura Eichner was visiting her fiancé at the building, she was accosted on the second-floor landing, dragged to her fiancé’s apartment, and raped. Eichner sued Renew for breach of contract, alleging that the front door lock to the building was improperly installed and could be opened by a firm push, even when the door was locked. Can Eichner sue Renew for breach of contract? What theory will she argue? Will she succeed? https://academic.tips/question/devon-smith-owned-an-apartment-building-located-on-west-23rd-street-in-new-york-city-smith-contracted-with-renew-discount-security-inc-to-install-security-locks-on-the-front-door-of-the-building/

References

Academic.Tips. 2023. "Devon Smith owned an apartment building located on West 23rd Street in New York City. Smith contracted with Renew Discount Security, Inc., to install security locks on the front door of the building. On July 17, 1996, when Laura Eichner was visiting her fiancé at the building, she was accosted on the second-floor landing, dragged to her fiancé’s apartment, and raped. Eichner sued Renew for breach of contract, alleging that the front door lock to the building was improperly installed and could be opened by a firm push, even when the door was locked. Can Eichner sue Renew for breach of contract? What theory will she argue? Will she succeed?" February 7, 2023. https://academic.tips/question/devon-smith-owned-an-apartment-building-located-on-west-23rd-street-in-new-york-city-smith-contracted-with-renew-discount-security-inc-to-install-security-locks-on-the-front-door-of-the-building/.

1. Academic.Tips. "Devon Smith owned an apartment building located on West 23rd Street in New York City. Smith contracted with Renew Discount Security, Inc., to install security locks on the front door of the building. On July 17, 1996, when Laura Eichner was visiting her fiancé at the building, she was accosted on the second-floor landing, dragged to her fiancé’s apartment, and raped. Eichner sued Renew for breach of contract, alleging that the front door lock to the building was improperly installed and could be opened by a firm push, even when the door was locked. Can Eichner sue Renew for breach of contract? What theory will she argue? Will she succeed?" February 7, 2023. https://academic.tips/question/devon-smith-owned-an-apartment-building-located-on-west-23rd-street-in-new-york-city-smith-contracted-with-renew-discount-security-inc-to-install-security-locks-on-the-front-door-of-the-building/.


Bibliography


Academic.Tips. "Devon Smith owned an apartment building located on West 23rd Street in New York City. Smith contracted with Renew Discount Security, Inc., to install security locks on the front door of the building. On July 17, 1996, when Laura Eichner was visiting her fiancé at the building, she was accosted on the second-floor landing, dragged to her fiancé’s apartment, and raped. Eichner sued Renew for breach of contract, alleging that the front door lock to the building was improperly installed and could be opened by a firm push, even when the door was locked. Can Eichner sue Renew for breach of contract? What theory will she argue? Will she succeed?" February 7, 2023. https://academic.tips/question/devon-smith-owned-an-apartment-building-located-on-west-23rd-street-in-new-york-city-smith-contracted-with-renew-discount-security-inc-to-install-security-locks-on-the-front-door-of-the-building/.

Work Cited

"Devon Smith owned an apartment building located on West 23rd Street in New York City. Smith contracted with Renew Discount Security, Inc., to install security locks on the front door of the building. On July 17, 1996, when Laura Eichner was visiting her fiancé at the building, she was accosted on the second-floor landing, dragged to her fiancé’s apartment, and raped. Eichner sued Renew for breach of contract, alleging that the front door lock to the building was improperly installed and could be opened by a firm push, even when the door was locked. Can Eichner sue Renew for breach of contract? What theory will she argue? Will she succeed?" Academic.Tips, 7 Feb. 2023, academic.tips/question/devon-smith-owned-an-apartment-building-located-on-west-23rd-street-in-new-york-city-smith-contracted-with-renew-discount-security-inc-to-install-security-locks-on-the-front-door-of-the-building/.

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