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Third Parties

Bar Exam Prep Contracts Third Parties

Explore the legal terms and concepts related to Third Parties. Click on any term below to learn more about its definition and applications.

K#171

In a third-party beneficiary situation, who is the third-party beneificiary, who is the promisor, and who is the promisee?

A third-party beneficiary is not a party to the contract, but may still enforce a contract made for...

K#174

What is the difference between an incidental and intended beneficiary?

Only an intended beneficiary has legal contract rights, as determined by the intent of the parties....

K#175

What two types of intended beneficiaries are there?

Intended beneficiaries are either donees or creditors (usually donees). Look to whether the third-pa...

K#176

When do a third party's rights to enforce the contract vest?

A third party's rights to enforce the contract vest when: (1) they manifests assent to the promise a...

K#177

Who can sue whom in a suit involving beneficiaries, promisees, and promisors?

While both the beneficiary and promisee can recover from the promisor, a donee beneficiary generally...

K#198

Who can sue whom in a suit involving the delegation of duties?

A delegator remains liable under the contract, but the delegatee is only liable (to either party) if...

K#173

What is a promisee?

The promisee is the person who obtains the promise that benefits a third party.

K#172

What is a promisor?

The promisor is the person making the promise that benefits a third party (i.e., the person who give...

K#178

What defenses may a promisor assert against a third-party beneficiary?

If the third-party beneficiary sues the promisor, the promisor may assert any defense they would hav...

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