Civil Model Jury Charge 4.24 THIRD PARTY BENEFICIARY

Civil Model Jury Charge4.24THIRD PARTY BENEFICIARY Ordinarily a person may not bring an action on a contract unless the person is a party to the contract.Persons may enter into a contract for the benefit of others; however, a person not a party to a contract may not sue to enforce it merely because he/she happens to be benefited by it.Rather it must appear that the contract was made by the parties with the intention to benefit him/her and that the parties to the contract intended that he/she receive a benefit enforceable in court. Cases: Brooklawn v. Brooklawn Housing Corp., 124N.J.L. 73 (E. & A. 1940);First National State Bank v. Carlyle House, Inc., 102N.J.Super. 300 (Ch. Div. 1968),affd, 107N.J.Super. 389 (App. Div. 1969),certifdenied, 55N.J. 316 (1970).