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Simple English definitions for legal terms

third-party beneficiary

Read a random definition: good-faith exception

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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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
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@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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