third party

One not a party to an agreement, a transaction, or an action but who may have rights therein.

See also party

- privity

@ third party action

A proceeding distinct from the main action. It is in the nature of an indemnity or contribution, the purpose of which is to bring into the lawsuit a party who is or may be liable to defendant for all or part of plaintiffs claim against defendant. Howard v. Ward County, D.C.N.D., 418 F.Supp. 494, 507.

See third party complaint

- third-party practice

@ third party beneficiary

One for whose benefit a promise is made in a contract but who is not a party to the contract. Chitlik v. Allstate Ins. Co., 34 Ohio App.2d 193, 299 N.E.2d 295, 297, 63 O.O.2d 364.

A person not a party to an insurance contract who has legally enforceable rights thereunder. A prime requisite to the status of "third party beneficiary" under a contract is that the parties to the contract must have intended to benefit the third party, who must be something more than a mere incidental beneficiary. McKinney v. Davis, 84 N.M. 352, 503 P.2d 332, 333.

See also privity

@ third-party-beneficiary contract

A contract between two or more parties, the performance of which is intended to benefit directly a third party, thus giving the third party a right to file suit for breach of contract by either of the original contract parties

@ third party check

Check which the payee endorses to another party, e.g. as when a person endorses a check received from a customer and endorses it to the IRS. A person who takes a third-party check in good faith and without notice of a security interest can be a holder in due course. Valley Nat. Bank v. Porter, C.A.Iowa, 705 F.2d 1027, 1028-29

@ third party claim proceedings

A summary proceeding to determine title to attached property. Dingwall v. Anderson, 271 C.A.2d 658, 76 Cal.Rptr. 827; Cal.Code Civ.Proc. No. 689

@ third party complaint

A complaint filed by the defendant against a third-party (i.e., a person not presently a party to the lawsuit). This complaint alleges that the third party is or may be liable for all or part of the damages which the plaintiff may win from the defendant.

See Fed.R.Civil P. 14.

For requisite content of third party claim under Federal Rules of Civil Procedure, see complaint.

See also third-party practice

@ third-party practice

Under rules practice, a defendant may, after the main action has been commenced, institute an action against a person not a party to the action for all or part of the plaintiffs claim against him.

See Fed.R.Civ.P. 14.

Procedural device whereby defendant in an action may bring in additional party in claim against such party because of a claim that is being asserted against the defendant. Denneler v. Aubel Ditching Service, Inc., 203 Kan. 117, 453 P.2d 88, 91.

See also impleader

- third party complaint

- vouching-in

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