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 benefitted 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 den. 55 N.J. 316 (1970).
Model Civil Jury Charges
