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

Bar Exam Prep Contracts Third Parties What defenses may a promisor assert against a third-party beneficiary?
🤔 Contracts • Third Parties K#178

Legal Definition

If the third-party beneficiary sues the promisor, the promisor may assert any defense they would have had if sued by the promisee.

Plain English Explanation

The law treats the beneficiary as if they had stepped into the shoes of the original promisee, so any defense the promisor had against the promisee can be used against the beneficiary.

Hypothetical

Hypo 1: Bob owes Amy $100. Bob threatens Sam to mow Amy's lawn to satisfy his debt to Amy. Sam decides not to mow Amy's lawn. Result: Bob is the promisee. Amy is a creditor beneficiary. Sam is the promisor. Amy can sue Sam for his breach of the agreement. However, Sam will likely claim a defense of duress. Even though Amy never threatened Sam, Bob did, and so the defense is valid even against Amy.

Visual Aids

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