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Legal Memorandum: Right to Enforce a Contract

Issue: Can a third-party beneficiary’s right to enforce a contract rise higher than the rights of the contracting parties?

Area of Law: Business Organizations & Contracts
Keywords: Contract enforcement; Rights of the contracting parties; Third-party beneficiary's right
Jurisdiction: Florida, Virgin Islands
Cited Cases: None
Cited Statutes: None
Date: 08/01/2008

“A third-party beneficiary’s right to enforce a contract cannot rise higher than the rights of the contracting parties through which he claims.”  Crabtree v. Aetna Cas. & Sur. Co., 438 So. 2d. 102, 105 (Fla. Dist. Ct. App. 1983). 

See also Anthony v. Alexander International, L.P., 341 F.3d 256 (3d Cir. 2003) and Reed v. Turner St. Croix Maintenance, Inc., 46 V.I. 544 (D.V.I. Mar. 28, 2005).

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