What is the test for determining whether a contract was made for the benefit of a third person?

California, United States of America


The following excerpt is from Univ. of S. Cal. v. Doheny Eye Inst., B283081 (Cal. App. 2019):

"'"The test for determining whether a contract was made for the benefit of a third person is whether an intent to benefit a third person appears from the terms of the contract. [Citation.] If the terms of the contract necessarily require the promisor to confer a benefit on a third person, then the contract, and hence the parties thereto, contemplate a benefit to the third person. The parties are presumed to intend the consequences of a performance of the contract." [Citation.]' [Citation.]" (Souza, supra, 135 Cal.App.4th at p. 891.) "'Whether a third-party is an intended beneficiary . . . to the contract involves construction of the parties' intent, gleaned from reading the contract as a whole in light of the circumstances under which it was entered.' [Citation.]" (Neverkovec v. Fredericks (1999) 74 Cal.App.4th 337, 349.)

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