NJ · jury_instructions
N.J. Model Civil Jury Charge 4.24
Third Party Beneficiary
4.24 THIRD PARTY BENEFICIARY (Approved 6/79)
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 ., 124 N.J.L . 73 (E. & A.
1940); First National State Bank v. Carlyle House, Inc., 102 N.J.
Super. 300 (Ch. Div. 1968), aff’d, 107 N.J. Super. 389 (App. Div.
1969), certif denied, 55 N.J. 316 (1970).
History
(Approved 6/79)
Provenance
- Source
- njcourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
887d8cb0394b7e616b8bf62c87770c55dcbc020443d30bd31b958f450aa10337
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