warranty is the condition that exists when a contract is made with the purpose of benefiting the third party.
warranty is the condition that exists when a contract is made with the purpose of benefiting the third party.
the condition that exists when a contract is made with the purpose of benefiting the third party?
warranty
bullet::::- some intimation to the third party of the contract's existence









































section::::"ius quaesitum tertio".:irrevocability.









































to be enforceable, a "ius quaesitum tertio" must be irrevocable. this is established by any of the following:









































bullet::::- delivery of the contract to the third party









































bullet::::- registration for publication









































bullet::::- intimation to the third party









































bullet::::- the third party coming under onerous obligations on the faith of having a "ius quaesitum tertio"









































bullet::::- evidence that the third party knew of the provision intended for his or her benefit









































section::::"ius quaesitum tertio".:acceptance.
third-party beneficiary
if an agent does not disclose to a third party that he is acting as agent, and concludes a contract with the third party as if he were the principal in the transaction, the third party may treat the contract as binding on the agent. the third party may sue the agent, as principal, on the contract; equally the agent may, as principal, sue the third party on the contract. when, however, the undisclosed principal discovers that the contract that he in fact authorised has been concluded, he may adopt it, and may consequently sue the third party on it. equally, the third party, on discovering the undisclosed principal, may sue the principal on the contract. it follows that the third party has a choice or an election to sue either the agent or the undisclosed principal, when discovered; but having elected to sue one of them the third party is debarred from suing the other, even if he or she sues the agent before being aware that there is a principal. the third party may be sued on the contract by either the principal or agent, but not by both, the principal having the preferential right to do so.
south african law of agency