What is the test for determining whether someone is an intended third party beneficiary of a contract?

California, United States of America


The following excerpt is from Martin v. Avigdor, G040399 (Cal. App. 5/26/2009), G040399. (Cal. App. 2009):

Generally, whether a person is an intended third party beneficiary of a contract is a question of fact reviewed under the substantial evidence standard. (Prouty v. Gores Technology Group (2004) 121 Cal.App.4th 1225, 1233.) But "where . . . the issue [of whether a third person is an intended beneficiary] can be answered by interpreting the contract as a whole and doing so in light of the uncontradicted evidence of the circumstances and negotiations of the parties in making the contract, the issue becomes one of law that we resolve independently." (Ibid.)

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