Chapter 55 concerns third-party beneficiaries. A third-party beneficiary is a person who is not a party to a contract but would benefit by its performance. The principle that should determine whether any given third-party beneficiary should have power to enforce a contract as follows: A third-party beneficiary should have the right to enforce a contract if but only if: (I) allowing the beneficiary to enforce the contract is a necessary or important means of effectuating the contracting parties’ objectives as manifested in the contract read in the light of surrounding circumstances; or (II) allowing the beneficiary to enforce the contract is supported by reasons of policy or morality independent of contract law and would not conflict with the contracting parties’ performance objectives.
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