promise[,]” and this promise “may be express or it may be implied from the circumstances[.]” Remington Typewriter Co., Inc. v. Kellogg, 19 Haw. 636, 640 (1909) (internal quotation marks and citation omitted). Furthermore, “[a] prime requisite to the status of ‘third party beneficiary’ under a contract is that the parties to the contract must have intended to benefit the third party, who must be something more than a mere incidental beneficiary.” Black’s Law Dictionary at 1480 (quoting McKinney v. Davis, 84 N.M. 352, 353, 503 P.2d 332, 333 (1972)). For example, if contracting parties intend to confer direct benefits on a third party, that third party will have generally an enforceable contractual right. See Villa Sierra Condominium Ass’n v. Field Corp., 878 P.2d 161, 166 (ColoApp. 1994) (<HOLDING>); Seubert Excavators, Inc. v. Eucon Corp., 125
holding the court will adopt the practical construction placed upon a contract by the parties holding that parties can stipulate that they were both parties to a contract and thus the real parties in interest even when one party did not sign the contract recognizing that either party to a divorce action may bring in third parties who claim an interest in the property alleged to be community or third parties themselves may intervene and have their rights therein determined holding there is no duty to third parties on the part of a premises owner who could not have foreseen the criminal acts of third parties recognizing the rights of third parties who were not signatories to a construction contract