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Simple English definitions for legal terms

third-party beneficiary

Read a random definition: Jones Act vessel

A quick definition of third-party beneficiary:

A third-party beneficiary is someone who can get benefits from a contract even though they didn't sign it. The people who signed the contract are called the promisor and promisee. The promisor makes promises to benefit the third-party beneficiary, and the promisee pays for those promises. There are two types of third-party beneficiaries: intended and incidental. Intended beneficiaries are people who the promisor and promisee meant to benefit, either as a gift (donee) or to pay off a debt (creditor). Incidental beneficiaries are people who happen to get benefits but weren't meant to. The third-party beneficiary can only enforce the contract if their rights have vested, which means they know about the contract and have agreed to it or relied on it. Once their rights have vested, they can sue the promisor for not keeping their promises. The promisor can defend themselves by saying the promisee didn't keep their promises. The promisee can only be sued if the third-party beneficiary relied on their promises.

A more thorough explanation:

A third-party beneficiary is someone who is not a part of a contract but can still benefit from it. The people who make the contract are called the promisor and promisee. The promisor makes promises to benefit the third-party beneficiary, while the promisee pays for those promises. For example, if a mother buys medical insurance for her son, the mother is the promisee, the son is the third-party beneficiary, and the insurance company is the promisor.

There are two types of third-party beneficiaries: intended and incidental. An intended beneficiary is someone who the contracting parties meant to benefit. There are two types of intended beneficiaries: donee and creditor. A donee beneficiary is someone who the promisee intends to benefit without asking for anything in return. A creditor beneficiary is someone who the promisee owes money to, and the promisor pays that debt. An incidental beneficiary is someone who benefits from the contract but was not meant to.

The third-party beneficiary's rights are not enforceable until they are vested. Vesting happens when the beneficiary knows about the promise and either agrees to it, sues to enforce it, or relies on it. Once vested, the beneficiary can sue the promisor for breach of contract. The promisor can defend themselves by saying that the promisee did not fulfill their part of the contract. The beneficiary cannot sue the promisee unless they relied on the promise.

For example, if a father promises to pay for his daughter's college tuition, and the daughter knows about the promise and relies on it, her rights are vested. If the father does not pay for her tuition, she can sue him for breach of contract. The father can defend himself by saying that the daughter did not fulfill her part of the contract, such as not maintaining good grades.

The contracting parties can modify or rescind the contract if the beneficiary's rights have not vested. Once vested, the contract cannot be changed without the beneficiary's consent.

third-degree instruction | third-party trust

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ClassyPleasantHeron
16:56
Schools explicitly asking applicants to retake the LSAT are TTTs pretending to be 2nd tier.
LMAOOO
like man oklahoma more like oklahowaboutyoueatmyshoe
me when that person on reddit said UofU wave and it's.... 3 people
help who just posted that right after I started bitching in chat
my heart fell straight into my ass mind u
and i just got a fucking app status tracker update... not for UofU... my BP is so spiked rn
QuarrelsomeTurkey
18:29
does anyone know if bu ever releases after 5 pm
Lol @jupitersmoons It feels like UofU is screwing with us haha
fr like I know it"s Mountain Time but bestie we have less than half an hour before typical EOD
what we doing
Real
19:17
new COAs are out
19:37
Anyone know how long it takes to get aid package after getting admitted to UChicago or Northwestern?
I’d ask in the t14 chat bc lol it may be a bit until you can get someone who can answer that question here
21:19
@syddak: Oof tough spot. Congrats on the As. Did either indicate either via email/mail that they would be following up with aid, and if so, did they provide a time frame? It may be acceptable to email them and indicate seat deposits are fast approaching and you are curious if you can expect further info (aid) from the school to aid u in ur decision..
0:26
@UnderRepresentedTryhard: that’s a greater than sign. Meaning outside t14
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Schools>t14
IrishDinosaur
13:38
I'm convinced USC doesn't really exist
IrishDinosaur
13:38
it's an elaborate hoax
i showed a guy at asd my lsd profile. little does he know that im an influencer
babycakes
16:36
u such a crazy flexer
the fellas were impressed by the r less cycle
you guys have really impressive lsats, nice job
thank you fartsmeller5000
how did you guys start studying for the LSAT? I don't even know where to begin
@KofCarters2018: first step is to take a full diagnostic and assess your strengths and weaknesses. have you done that?
BlueFalcon95
13:46
@KofCarters2018: LSAT Demon or 7Sage.
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