Rights of Third-Party Beneficiaries
A third-party beneficiary’s right to sue on a contract created for his benefit was later recognized by American courts despite early common law’s rejection of recourse to third parties since they were not “privity” with the original parties. To explain rulings based solely on equitable considerations in the early phases of third-party beneficiary law, several courts relied on the imprecise “intention” concept. There was no workable theory of recovery in the common law.
Increased third-party beneficiary recovery led to court processes in which contracts were changed or rescinded to impair the beneficiary’s rights-
It was up to these courts to determine the point at which a beneficiary gained contract rights.
There were a large number of early lawsuits involving insurance policyholders.
The First Contracts Restatement
The second restatement of contracts addressed the rights of parties to change contracts in the future and the right to enforce a contract by a third party. By distinguishing between “donees” and “creditors,” the drafters hoped to clarify any uncertainty in the third-party beneficiary law. Beneficiaries of the first restatement could be unrelated third parties- However, a third party could also qualify as a creditor beneficiary if the language of the promise did not indicate that a gift was intended and the promisee’s fulfillment of the promise met an actual or implied duty to the beneficiary.
Third parties would have no rights under the contract if one of these categories were missing. These categories may have been expanded by those who drafted the first restatement after recognizing their shortcomings.
Third-Party Beneficiary Contract Modification
To begin with, whether a beneficiary was a donee or a creditor determined whether the contractual parties’ right to alter or repudiate an original contract. To modify their agreement if the third party was a creditor beneficiary unless that the third party had fundamentally changed his position in light of this contract or launched an action to enforce it, both parties were at liberty to revise their agreement. However, a contract between a donee and a third-party beneficiary gives the donee rights that take effect immediately and cannot be modified without the beneficiary’s consent.
It was based on past insurance rulings that precluded insurance contracts from being modified without the beneficiary’s approval when the first restatement’s drafters granted donee beneficiaries immediate rights-
On the other hand, these precedents did not warrant extending to all donee beneficiaries the protection that was previously only available to insurance recipients.
This first restatement put the creditor beneficiary in a better position than the donee beneficiary, who did not have an original claim against the promisee.
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