incidental beneficiary

incidental beneficiary
Person who may derive benefit from performance of contract, though he is neither the promisee nor the one to whom performance is to be rendered. Salzman v. Holiday Inns, Inc., 48 A.D.2d 258, 369 N.Y.S.2d 238, 242.
A person who is a donee or creditor (third party) beneficiary of a contract is entitled, in certain circumstances, to enforce such contract. Since there will often be many people indirectly or even directly benefitted by any given contractual performance, the term "incidental beneficiary" is used to describe those persons who would benefit by the performance but who were not intended by the parties to be benefitted and who thus cannot enforce the contract. A person is not a beneficiary of a trust if the settlor does not manifest an intention to give him a beneficial interest, although he may incidentally benefit from the performance of the trust. Restatement, Second, Trusts, No.126

Black's law dictionary. . 1990.

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  • incidental beneficiary — see beneficiary d Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. incidental beneficiary n. A person who is …   Law dictionary

  • incidental beneficiary — Person who may derive benefit from performance of contract, though he is neither the promisee nor the one to whom performance is to be rendered. Salzman v. Holiday Inns, Inc., 48 A.D.2d 258, 369 N.Y.S.2d 238, 242. A person who is a donee or… …   Black's law dictionary

  • incidental beneficiary — A person to whom the benefits of a contract accrue merely as an incident to the performance of the contract. A person for whose benefit a contract is made may maintain an action thereon. It must definitely appear, however, that the contract was… …   Ballentine's law dictionary

  • incidental beneficiary — factor that reaps the benefits of a contract in manner that was not originally intended …   English contemporary dictionary

  • beneficiary — ben·e·fi·cia·ry /ˌbe nə fi shē ˌer ē, fi shə rē/ n pl ries: a person or entity (as a charity or estate) that receives a benefit from something: as a: the person or entity named or otherwise entitled to receive the principal or income or both from …   Law dictionary

  • beneficiary — /benafish(iy)ary/ One who benefits from act of another. A party who will benefit from a transfer of property or other arrangement. Examples include the beneficiary of a trust, the beneficiary of a life insurance policy, and the beneficiary of an… …   Black's law dictionary

  • beneficiary — /benafish(iy)ary/ One who benefits from act of another. A party who will benefit from a transfer of property or other arrangement. Examples include the beneficiary of a trust, the beneficiary of a life insurance policy, and the beneficiary of an… …   Black's law dictionary

  • beneficiary — /ben euh fish ee er ee, fish euh ree/, n., pl. beneficiaries. 1. a person or group that receives benefits, profits, or advantages. 2. a person designated as the recipient of funds or other property under a will, trust, insurance policy, etc. 3.… …   Universalium

  • incidental third-party beneficiary — Same as incidental beneficiary …   Ballentine's law dictionary

  • Third party beneficiary — A third party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been a party to the contract. This right arises where the third party is the intended beneficiary of the… …   Wikipedia

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