Third Party Beneficiary Rights
Added on 2019-09-16
4 Pages519 Words203 Views
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ASSIGNMENT[Document subtitle]
1Name: FACTSXiaoqi recruited the Star Contractors Inc. as the general contractor in order to construct a house on a land which is being owned by her in Rochester, New York. The subcontractors of the Star along with the Plumbing Co. of Jack in order to perform the work of plumbing on the house. Jack performed the inferior work which causes $50,000 in defects and damages, but Xiaoqi now wanted to sue Jack and Star for the breach of contract. Further, the Star has already filed for the protection from the bankruptcy and suing Star would not generate any money. Xiaoqi sued Jack for the contract of breach affirming that she is the subcontract’s third part beneficiary and this might give her the right in order to sue the Jack. Further, Jack created a motion for the judgment of summary to seek a dismissing judgment on the basis of merit. He also argued that Xiaoqi is not the third party beneficiary and also she doesn’t have any right in order to sue the Jack. It has been assumed that the written agreement among the Jack and Star didn’t say anything about the rights of the third party beneficiary. Therefore, Xiaoqi now wants to know that the motion of the Jack will be denied or granted.ISSUES THAT ARE TO BE RESEARCHEDThe main issue in this particular case stated various different ways like under the law of New York, in the contract of construction, intended owner of the third-party beneficiary of the agreement, absence of particular words to that impact. Moreover, under the law of New York, the general contractor hire the sub-contractor in order to do work and if he fails to perform his job and the duties according to the contract, the intended owner of the third party beneficiary candirectly sue the sub-contractor.
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