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Third-party beneficiary

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Contract law Edit

Third parties generally are allowed to enforce the terms of a contract made for their benefit.[1] "A contract, made expressly for the benefit of a third party, may be enforced by him at any time before the parties thereto rescind it."[2] To qualify as a contract beneficiary, "the contracting parties must have intended to benefit that individual, an intent which must appear in the terms of the agreement."[3] "If the terms of the contract necessarily require the promisor to confer a benefit on a third person," that person may enforce that benefit.[4]

References Edit

  1. Principal Mut. Life Ins. Co. v. Vars, Pave, McCord & Freedman, 65 Cal.App.4th 1469, 77 Cal. Rptr. 2d 479, 488 (Cal. App. 1998) (full-text).
  2. Spinks v. Equity Res. Briarwood Apts., 171 Cal.App.4th 1004, 90 Cal. Rptr. 3d 453, 468 (Cal. App. 2009) (full-text).
  3. Principal Mut., 65 Cal.App.4th at 1485, 77 Cal. Rptr. 2d at 489.
  4. Spinks, 171 Cal.App.4th at 1022, 90 Cal. Rptr. 3d at 468.

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