Jus quaesitum tertio
| Literal meaning | A right acquired by a third party |
|---|---|
| Pronunciation | yoos kwy-SEE-tum TER-shee-oh |
A right that a contract gives to a person who is not a party to it.
Example
A promises B to pay Rs 5,000 to C. C is not a party. Whether C can enforce the promise depends on the privity rule.
Case laws
- Dunlop Pneumatic Tyre Co. v. Selfridge & Co. (1915), House of Lords: only a party to a contract can sue on it. English law knows nothing of a right given to a third party by contract.
- M.C. Chacko v. State Bank of Travancore (1969), Supreme Court: a person who is not a party to a contract may sue on it if it was made for his benefit.
Exam tip
Asked with privity of contract and its exceptions.
Memory trick
A stranger's right.
Key takeaway
A stranger to a contract generally cannot enforce it, with exceptions.
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