means any person (including companies, partnerships, legal entities,
churches, governmental authorities and agencies) who is not a party to the agreement. (không cho vào pp) “Cái nào t in đậm thì m hẵng cho vào pp nha” 1. A third-party beneficiary (người hưởng thụ bên thứ ba), in the law of contracts, is someone who is not a party to a contract, but is benefited by a performance in the contract. But being benefited by a contract performance does not necessarily give that beneficiary rights under the contract Ex: An individual enters into a contract with an insurance company that requires the payment of death benefits to a third party. That third party does not sign the contract and may not even be aware of its existence, yet is entitled to benefit from it. 2. Because privity of contract (quyền riêng tư của bản hợp đồng)– the legal name for the relationship that exists between contracting parties – is generally required in order to acquire contract rights 3. There are two kinds of third-party beneficiaries: an “intended” beneficiary and an “incidental” beneficiary. “intended” beneficiary means: When a non-party to a contract receives benefit from the agreement directly and has rights to sue under a contract, this is known as an intentional beneficiary Ex: The named beneficiary on a life insurance policy (the person who is to receive the death benefit upon the death of the insured) is a classic example of an intended beneficiary under the life insurance contract. “incidental” beneficiary means: An incidental beneficiary is a third party who indirectly benefits from a contract between two other parties. Therefore, the third party does not have any legal rights under the contract. Ex: When a homeowner signs a service contract with a landscaping provider, their neighbor might become an incidental beneficiary due to the fact that a well-manicured lawn can increase the neighborhood's property value. An incidental beneficiary does not have any legal rights to the benefits they are receiving, however. In this scenario, if either contracted party break the contract, the homeowner's neighbor has no grounds to sue for loss of the benefit they were receiving. 4. There are certain standards that need to be met for the third party beneficiary to have legal rights to enforce a contract or to share in the proceeds. In particular, the benefit to the third party must be intended, rather than incidental. KEY TAKEAWAYS (NHỮNG ĐIỂM QUAN TRỌNG) third-party beneficiary receives a benefit from a contract made between two other parties. The beneficiary may have a right to compensation if the contract is not fulfilled. The rights of the third-party beneficiary are strengthened if the contract includes a third-party beneficiary clause.