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Simple English definitions for legal terms

third-party beneficiary

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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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17:50
@bigfatsloth: there she is ;)
Mostlylegal
18:04
Another day another no A
Yeah i got shit on last week so weird to go crickets this week
@ParallelAgreeableOrangutan: also ty I just sent a LOCI in email form. hope they don't hate it lmfao
18:05
Penn Dick gave me the R
what kind of a name is penn Carey law anyway
18:06
Penn gon Carry u to meat market that is the legal career field
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Buy 1 get 1, Penn Carey Grads, get em while they are hot!
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Notre Dame is crushing my soul
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So excited every Friday
NosyBeagle
18:20
i talked to such a nice rep for penn dick like years ago and i put them on my list
NosyBeagle
18:20
God bless that lady
Mostlylegal
18:34
Legit makes no sense that nd has accepted literally nobody still
18:35
manybe ND is taking a sabbatical?
got a gw wl->A!!!
NosyBeagle
18:46
yay! congrats
nice kiwi!!!!!
is that your first a?! :D
yes it is!! thanks guys
ugh so stoked for you
Did they give you scholly information???\
yeah they gave me 150k!
(not gendered) girl CONGRATS
you gonna go? :D
yeah I think so!! my goal was either nyc or dc so im super happy w it
so stoked for you. congrats. i imagine your previous decisions had been a little crushing. very happy your app got the recognition it deserved
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@RoyalReadyKiwi: lessgo stay winning :D awesome work!!!
thank you so much guys!!! means a lot :D
CONGRATS ROYAL YASSSS
i feel like i live in my bubble because i'm seeing people talk about other people abusing time accommodations for the lsat and my first reaction was "they are?"
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