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· 4/14/2004

Morgan Stanley DW Inc. v. Halliday

Citations

  • 873 So. 2d 400
  • 2004 WL 784739

How courts have described this case

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

  • holding that a non-signatory trust beneficiary was not bound by an arbitration clause despite the contract generating income that ultimately flowed to the non-signatory
  • recognizing the general rule that only parties to a contract are bound by that contract with the exception of third party beneficiaries
  • holding in a lawsuit by a beneficiary of a trust against the trustees and brokerage firm, the beneficiary was not bound by the arbitration clause in the agreement between the trustees and brokerage firm under a third-party beneficiary theory
  • holding a non-party may sue for breach of contract if and only if the contract “clearly express[es] an intent to primarily and directly benefit the third party or a class of persons to which that party belongs”
  • beneficiary not bound by arbitration provision in account agreement signed by trustee under third-party beneficiary theory because agreement did not clearly- express an intent to primarily and directly benefit the third-party
  • beneficiary not bound by - 32 - arbitration provision in account agreement signed by trustee under third-party beneficiary theory because agreement did not clearly express an intent to primarily and directly benefit the third-party

Source: CourtListener parenthetical corpus (CC0).

Judges: Farmer

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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.