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A donee beneficiary is when a contract is made expressly for giving a gift to a third party, the third party is known as the donee beneficiary. The most common donee beneficiary contract is a life insurance policy. In the United States, the Restatement (Second) of Contracts, Chapter 6, Sections 133-147, covers third-party beneficiaries. [5]
A beneficiary in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor. For example, the beneficiary of a life insurance policy is the person who receives the payment of the amount of insurance after the death of the insured. In trust law, beneficiaries are also known as cestui que use.
Although damages are the usual remedy for the breach of a contract for the benefit of a third party, if damages are inadequate, specific performance may be granted (Beswick v. Beswick [1968] AC 59). The issue of third-party beneficiaries has appeared in cases where a stevedore has claimed it is covered under the exclusion clauses in a bill of ...
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The person granting the option is called the optionor [4] (or more usually, the grantor) and the person who has the benefit of the option is called the optionee (or more usually, the beneficiary). Because options amount to dispositions of future property, in common law countries they are normally subject to the rule against perpetuities and ...
The third party becomes the new owner of the policy, pays the monthly premiums, and receives the full benefit of the policy when the insured dies. [ 4 ] In many jurisdictions, a viatical is a life settlement where the insured has less than two-year life expectancy.
An assignment does not necessarily have to be made in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee.
"Pay it forward" is implemented in contract law of loans in the concept of third party beneficiaries. Specifically, the creditor offers the debtor the option of paying the debt forward by lending it to a third person instead of paying it back to the original creditor.