Final answer:
Max, hired by App Developers Inc., would be considered a delegate, as he performs duties under the direction of ADI and is not a party to the original contract with Carmen.
Step-by-step explanation:
In the scenario provided where App Developers Inc. (ADI) has entered into a contract with Carmen, CEO of Sales Corp, to create an application, and ADI then hires Max and ten other student interns to help fulfill this contract, Max would be considered a delegate.
As a delegate, Max is an individual to whom duties have been transferred by another party in the contract, but who is not party to the original contract. Delegation involves the transfer of obligations from one party to another, whereas assignment involves transferring rights or benefits. Therefore, Max, as an intern hired by ADI, is performing obligations that ADI has contracted to provide and thus is a delegate in this contractual situation.
An incidental beneficiary is a third party who might benefit from a contract between two other parties but has no right to enforce the contract. An intended beneficiary is one who has the right to enforce a contract made between other parties if the contract was made for the benefit of the intended beneficiary. An assignee is a party to whom rights or benefits are transferred. Since Max is performing duties under ADI’s direction and is not receiving rights or intended benefit from the contract, the delegate role fits best.