The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.

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The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.

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Pauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National; Sentry Security Agency; and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.

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Verified Answer

Individual B will have to prove the following in order to prevail in this case:

It is a third-party beneficiary in the contract of Supermarket N and Agency S.
Both Supermarket N and Agency S came into a contract to provide protection to Supermarket N and its customers inside or outside the store.
Supermarket N and Agency S may or may not have claimed a responsibility to the Individual B on the basis of the terms of the contract and the surrounding circumstances.
The deal was signed for the primary benefit of third parties, and as a result, Individual B should be benefited by arrangement as they are a third-party. In such a case, as third-party beneficiaries, the Individual B can sue Agency S or its employees for any breach of contract in tort or contract.

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