Drama of the Law: Third Party Beneficiaries
Third Party Beneficiaries
Can Santa Rosa Pull One Out for the Kids?
Answer Guide for Discussion Questions
Vinny assumes that because the gambling contract was illegal, he has no legal obligation to pay Oscar's
winnings to the Fresh Air Fund. Is he correct?
A court of law may view the situation differently. Maria was not a direct party to the illegal
gambling contract but rather an intended third party (donee) beneficiary of the contract. She may be
able to enforce the contract even though Vinny would not be able to enforce it because of its illegal
nature. This situation is similar to the one that arose in Lawrence v. Fox [20 N.Y. 268 (1959)].
Did Maria really have a legal right to enforce Vinny's gambling contract with Oscar?
Yes, as an agent for the intended third party beneficiary under the Oscar-Vinny contract, Maria
has a legal right to enforce the contract.
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