In the English Common Law system there is no recognition of the principle ius quaesitum tertio (a right in the third party to enforce performance) whereby a third party may enforce a promise due unto it under a contract to which it is not a party. However, in several legal systems, including U.S. and Scots contract law, this does not bar parties to a contract from specifying that a third party is to be a beneficiary of such contract.
Rights, particularly in property, that ordinarily do accrue to a third party are termed jus tertii.
- For a further discussion, see the matter of Beswick v. Beswick and the plaintiff's successful attempt to enforce a right to a tertius, circumventing the privity doctrine.
- http://slcc.strath.ac.uk/scotslawcourse/contract/con2/start/iqt.htm Archived September 30, 2008, at the Wayback Machine.
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