ius quaesitum tertio is the right that arises when a contract is made with the purpose of benefiting the third party.
ius quaesitum tertio is the right that arises when a contract is made with the purpose of benefiting the third party.
the right that arises when a contract is made with the purpose of benefiting the third party?
ius quaesitum tertio
a third-party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract. this right, known as a "ius quaesitum tertio", arises when the third party ("tertius" or "alteri") is the intended beneficiary of the contract, as opposed to a mere incidental beneficiary ("penitus extraneus"). it vests when the third party relies on or assents to the relationship, and gives the third party the right to sue either the promisor ("promittens", or performing party) or the promisee ("stipulans", or anchor party) of the contract, depending on the circumstances under which the relationship was created.
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