Third Party rights Flashcards

1
Q

How to make sure it’s a third party rights question?

A
  1. Make sure there is a valid contract
  2. Someone else is trying to hop in on the deal
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2
Q

Two types of beneficiaries (contracts)

A
  1. 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
  2. IncidentalA.) parties had no intent to help the third party
    B.) they will not be able to sue
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3
Q

When do 3rd party rights vest?

A
  1. His rights can best when parties tell him they vested and he agrees
  2. He learns about what parties are doing and begins to rely on it
  3. He sues on the contract
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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

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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

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