Application of Third-Party Beneficiaries in the Contemporary World

  • Aaryanandha Lakshmy K.A. and Gouri Krishnan
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  • Aaryanandha Lakshmy K.A.

    Student at Symbiosis Law School, Hyderabad, India

  • Gouri Krishnan

    Student at Symbiosis Law School, Hyderabad, India

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Abstract

The position of third-party beneficiaries and its legal implications have changed and adapted to suit the present times. This research study focuses on the history of the provision of third-party beneficiaries while also simultaneously focusing on the doctrine of privity and its exceptions. It also discusses the third-party beneficiaries and the contemporary challenges faced by them. From a wide range of judicial interpretations and legislative decisions the study discusses about how third-party beneficiaries is a useful and necessary provision for various contracts and the drawbacks of the provision. It also focuses on how these drawbacks can be resolved. It examines how the courts all over the world have adapted this doctrine to suit their society’s needs and to evolve the doctrine in such a way that the complexities of the contemporary world can also be addressed. The landmark judgements are used as a reference in relation to the doctrine of privity and third-party beneficiaries. It also talks about real life examples of third-party beneficiaries that play an integral part in day-to day life. It lays special emphasis on the relationship between third party beneficiary and doctrine of privity. It also recommends suggestions as to how the problem faced by third party beneficiaries in the contemporary world can be overcome. Through this paper, the readers can gain a perspective on the legal concept and how this concept can be applied to the modern world wile shedding light on its adaptability, limitations, and legal intricacies about the concept.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 1124 - 1138

DOI: https://doij.org/10.10000/IJLSI.112012

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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