Chapter 17 - Third Party Rights Flashcards
Alienation
In real property, the voluntary transfer of property from one person to another (as opposed to a transfer by operation of law).
Assignee
The person to whom contract rights are assigned
Assignment
The act of transferring to another all or part of one’s rights arising under another contract.
Assignor
The person who assigns contract rights.
Delegatee
One to whom contract duties are delegated by another. called the delegator.
Delegation
The transfer of a contractual duty (the delegator) to the third party (the delegatee) is still obliged to perform on the contract should the delegatee fail to perform.
Delegator
One who delegates his or her duties under a contract to another, called the delegatee.
Incidental Beneficiary
A third party who incidentally benefits from a contract but whose benefit was not the reason the contract was formed. An incidental beneficiary has no rights in a contract and cannot sue to have the contract enforced.
Intended Beneficiary
A third party for whose benefit a contract is formed; an intended beneficiary can sue the promisor if such a contract is breached.
Obligee
One to whom an obligation is owed.
Obligor
One who owes an obligation to another.
Privity of Contract
The relationship that exists between the promisor and the promisee of a contract.
Third Party Beneficiary
One for whose benefit a promise is made in a contract but who is not a party to the contract.