This question should be answered in an IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
On August 5, Walter and Yogi entered into a written agreement that specified, among other things, that “if the Seals win the pennant, Walter will deliver to Yogi’s concession stand at Seals Stadium 500 hot dogs on each of the following days: September 5, 7, and 9. Price to be 25 cents per hot dog. Payment to be made by Yogi to Casey, a creditor of Walter, on September 10.”
On August 15, Walter wants to avoid his obligation to deliver the hot dogs to Yogi. Casey has not become aware of any agreement between Walter and Yogi.
Can Walter rescind?
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Hint
First, think about what needs to happen for a third party beneficiary to exist. Then, consider what needs to happen for a party to cancel or modify a contract where there is a third party beneficiary.
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