Third Party rights Flashcards
1
Q
How to make sure it’s a third party rights question?
A
- Make sure there is a valid contract
- Someone else is trying to hop in on the deal
2
Q
Two types of beneficiaries (contracts)
A
- Intended
A.) parties intended to benefit the third party
B.) sometimes places 3rd parties name in the contract but do not need to do this - IncidentalA.) parties had no intent to help the third party
B.) they will not be able to sue
3
Q
When do 3rd party rights vest?
A
- His rights can best when parties tell him they vested and he agrees
- He learns about what parties are doing and begins to rely on it
- He sues on the contract
4
Q
Can parties to a 3rd party beneficiary contract change their minds?
A
Yes, if before the 3rd party rights are vested the parties withdraw then rights go away
5
Q
If we do want to help the third parties and rights have vested what rights do they have
A
Same rights and defenses as parties of the contract