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· 12/21/1994

Caretta Truc. v. Cheoy Lee Shipyards

Citations

  • 647 So. 2d 1028
  • 1994 WL 706313

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • requiring a plaintiff show that the parties contracted for his benefit in order to bring a breach of contract as a third party
  • providing the elements that must be pleaded to state a cause of action for breach of third-party beneficiary contract and granting the plaintiff an opportunity to amend its complaint to explicitly allege the primary and direct intent element
  • an intended beneficiary can belong to a class of persons which the parties to contract intended to benefit
  • “It is insufficient to show that only one party unilaterally intended to benefit the third party”
  • “[The exception to the rule that only a party to a contract may sue another party to the contract for . breach] is where the entity that is not a party to the contract is an intended third party beneficiary ... ”
  • “A party is an intended beneficiary only if the parties to the contract clearly express, or the contract itself expresses, an intent to primarily and directly benefit the third party or a class of persons to which that party claims to belong.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Alvarez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.