The Edmond Sun

Local News

December 20, 2013

What is a third party beneficiary?

EDMOND — EDITOR’S NOTE: This is a weekly series       of columns written by attorneys at Lester,           Loving & Davies law firm in Edmond.

A third party beneficiary is a person who receives some benefit of a contract to which he is not a party. If two people enter into a contract together, but the contract actually benefits another person, that third person is the third party beneficiary. If one of the parties to the contract refuses to perform, the third party beneficiary may be able to enforce the deal in court, despite the fact that she is not a party to the contract.

Consider an example. Let’s assume for a moment that my daughter’s letter to Santa Claus somehow — perhaps through the magic of Christmas — rises to the level of a contract. Now, technically, her letter to The Man is not a contract. She has simply made an offer that goes something like this: “bring me some stuff.” Even if Santa performs by bringing each item she requested, no contract arises because she has not offered to give up anything that might be of value to a big elf.

But let’s pretend that her letter to Santa, once mailed via the shelf elf, becomes a binding contractual offer that she cannot revise. In that case, she cannot legally change her mind at the last minute. She can’t decide on Christmas Eve to remove an item, say a basketball, and replace it with a doll that went out of production in 1997.

Is there a third party beneficiary to my child’s “binding” letter to Santa? Why, yes. Yes there is. There is a middle-aged elf who counted on my daughter’s “contractual offer” to The Big Man. He already made the stuff she asked for. He carefully packed it in the sleigh. While he doesn’t wish to disappoint the child, he also doesn’t want to get out of his elfjamas and trudge back to Santa’s workshop, praying for the supplies necessary to make the new request appear.

The beauty of dealing with an 8-year-old girl is that the child has not been to law school. She’s just a beggar armed with a crayon and a homemade postage stamp. In emergencies such as these, the legal definition of third party beneficiary can be changed to make an otherwise unenforceable letter as if written in stone. In this instance, claiming third party beneficiary status on behalf of the tired elf, though fraudulent, is your legal right. Ho, ho, ho, ho.

MATT HOPKINS is an attorney for Lester, Loving & Davies P.C. More information is available at lldlaw.com. Send questions to questions@lldlaw.com.

1
Text Only
Local News
  • Oak Tree Official offers glowing update on Senior Open

    An official who has been in charge of tournaments since 2001 said the 2014 U.S. Senior Open is probably the best city event partnership he has seen.

    April 18, 2014 1 Photo

  • Edmond soldier settles in housing benefits case

    U.S. Attorney Sanford C. Coats said Thursday a U.S. Army reserve soldier from Edmond has agreed to pay the government $20,000 to settle civil claims related to obtaining fraudulent housing benefits.

    April 17, 2014

  • Stevenson 1 Oklahoman returns home focused on pro-gay agenda

    Troy Stevenson remembers the day when football players discovered him and his boyfriend holding hands behind an Edmond high school. After they had been chased off school property, Stevenson, called to check on his boyfriend.
    “He was in hysterics,” Stevenson said. “… Like me, I thought he was scared. Did people see us? What would people think?”

    April 17, 2014 2 Photos

  • Lawn Experts’ tips can help your lawn bounce back

    Chances are your lawn is looking a bit bedraggled after this rough winter.
    That’s not surprising. Between brutally cold temperatures and drying winds, turf took a beating this year.

    April 17, 2014 1 Photo

  • Gracelawn grows larger

    The Edmond City Council voted 5-0 in favor of the city purchasing 20.5 acres of land immediately to the north of Gracelawn Cemetery. Purchasing the property is needed for future expansion of the cemetery, Mayor Charles Lamb, said.
    Gracelawn Cemetery is owned and operated by the city and is located on the northwest corner of Danforth and Boulevard.

    April 17, 2014

  • Warmth needed to grow tomatoes

    The time for those growing tomatoes in their garden is when the soil temperature is above 60°F and fear of frost has past. We are generally safe from frosts after April 5.  However, frosts have occurred as late as May 1 in the Oklahoma City area. If you planted your tomatoes on or before April 5 last year you would have covered them several times as there were several late frosts. If you plant early, be ready to cover your plants during nighttime frosts.

    April 17, 2014

  • Debate Senate hopefuls meet in first debate

     Accountability to the American people and the $17.5 trillion debt continues to be a major issue in the race for U.S. Senate office being vacated by retiring U.S. Sen. Tom Coburn.
    The Oklahoma Conservative Political Action Committee hosted a debate Wednesday for three of the seven Republicans running for the U.S. Senate seat that is being vacated by retiring U.S. Sen. Tom Coburn.

    April 16, 2014 1 Photo

  • Oklahoma City FC invites fans to design club scarf

    Oklahoma’s top-tier soccer club, Oklahoma City FC, invites soccer fanatics across Oklahoma to be a part of its future by designing its scarf.
    Scarves are a tradition among soccer clubs and are typically a team’s most recognizable accessory. Scarves are a matter of pride for hard-core supporters and feature team colors, logo and inspiring slogans. Scarves are a part of a team’s identity.

    April 16, 2014

  • MS_injection well.jpg Agency clarifies earthquake-related misinformation

    A state agency says misinformation related to the debate about the cause of more earthquakes across Central Oklahoma includes oil well types, well numbers and injection pressure.
    The Prague sequence of 2011 along the Wilzetta Fault zone included a significant foreshock, a main shock of magnitude 5.7 and numerous aftershocks. It has been suggested that this sequence represents tremors triggered by fluid injection.
    More recently, earthquakes have been recorded in the vicinity of Jones, Arcadia Lake, Edmond, Guthrie, Langston and Crescent. Regulators and scientists are working together to better understand what’s causing all the shaking.

    April 16, 2014 1 Photo

  • Sheriff seeks items for agency history project

    If you have historic pictures or artifacts related to the Oklahoma County Sheriff’s Office, the agency is asking the public to share them.
    “The Oklahoma County Sheriff’s Office is working on a history project. If you, your family, friends or acquaintances have any old photos or artifacts related to the OCSO we would love to have them or a digital copy,” said Oklahoma County Sheriff John Whetsel.

    April 16, 2014

Featured Ads
NDN Video
Man Accuses 'X-Men' Director Bryan Singer of Sexually Abusing Him As a Teenager Lea Michele & Naya Rivera Feuding? Don't Be A Tattletale: Bad Bullying Tips For Students Jabari Parker declares for the NBA draft Singing Nun Belts Out Cyndi Lauper Swim Daily, Throwback Thursday The trillest thoughts on marijuana "RHOA" Star Charged With Battery Grizzly Bears Get Snowy Birthday Party Weatherman draws forecast when another technical glitch strikes WGN Elizabeth Olsen's Sexy Shoot Bay Area Teen Gets Prom Date With Help From 'Breaking Bad' Star Boston Bomb Scare Defendant Appears in Court Behind The Tanlines Jersey Strong Part 1 WATCH: Women Fight To Marry Prince Harry! Jenny McCarthy Engaged to "New Kid" Kate and Will Land in Oz O’Reilly Launches Preemptive Strike Against CBS Pixar Unveils Easter Eggs From its Biggest Movies Baby Sloths Squeak for Their Cuddle Partners in Adorable Video
Poll

Do you agree with a state budget proposal that takes some funds away from road and bridge projects to ramp up education funding by $29.85 million per year until schools are receiving $600 million more a year than they are now? In years in which 1 percent revenue growth does not occur in the general fund, the transfer would not take place.

Agree
Disagree
Undecided
     View Results