Is a third party entitled to enforceable rights under a contract?
California, United States of America
The following excerpt is from Hunbeach, LLC v. Hawk Real Estate Invs., LLC, G045205 (Cal. App. 2012):
Sometimes the requisite intent to give a third party enforceable rights under a contract is obvious on the face of a written contract - certain kinds of insurance contracts being a clear example of this category. (See Jones v. Aetna Casualty & Surety Co. (1994) 26 Cal.App.4th 1717, 1724 (Jones) ["A third party may qualify as a
Page 11
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for enforcement of a contract where the contract was signed expressly for the benefit of a third party? (California, United States of America)
What is the test for enforceability of a written contract where the contract states that the parties intended to enforce the terms? (California, United States of America)
Can a person who is not a party to a contract still enforce the contract? (California, United States of America)
Can a third party beneficiary enforce a contract expressly made for his benefit? (California, United States of America)
When a criminal defendant requests document discovery from a third party, does the third party respond by delivering materials to the clerk of the court? (California, United States of America)
When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
Does a plaintiff have to share in any profits arising from the sale of a property to a third party in order to claim damages from the third party? (California, United States of America)
What is the test for enforceability of a contract where the contract does not meet the reasonable expectations of the opposing party? (California, United States of America)
When a contract contains a provision for attorney fees to the prevailing party contains a clause in the contract that makes an otherwise unilateral right reciprocal? (California, United States of America)
Can a beneficiary of a third party creditor beneficiary contract rescind the contract before the commencement of an action against the beneficiary? (California, United States of America)
