Jump to ContentJump to Main Navigation
Foundational Principles of Contract Law$
Users without a subscription are not able to see the full content.

Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 September 2019

Third-Party Beneficiaries

Third-Party Beneficiaries

Chapter:
(p.741) Fifty-Five Third-Party Beneficiaries
Source:
Foundational Principles of Contract Law
Author(s):

Melvin A. Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199731404.003.0055

Chapter 55 concerns third-party beneficiaries. A third-party beneficiary is a person who is not a party to a contract but would benefit by its performance. The principle that should determine whether any given third-party beneficiary should have power to enforce a contract as follows: A third-party beneficiary should have the right to enforce a contract if but only if: (I) allowing the beneficiary to enforce the contract is a necessary or important means of effectuating the contracting parties’ objectives as manifested in the contract read in the light of surrounding circumstances; or (II) allowing the beneficiary to enforce the contract is supported by reasons of policy or morality independent of contract law and would not conflict with the contracting parties’ performance objectives.

Keywords:   third-party beneficiaries, effectuating parties’, objectives, contracting parties, policy, morality

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .