An incidental beneficiary cannot sue to enforce a contract that provides incidental benefits is true regarding the rights of an incidental beneficiary to a contract to sue to recover incidental rights.
One who unintentionally reaps the benefits of a transaction between other parties is known as an incidental beneficiary. Incidental beneficiaries cannot bring a lawsuit to enforce a contract, unlike intended beneficiaries. Incidental beneficiaries are not permitted to enforce the contracts of others. According to the rule of privity of contract, a third party cannot bring a claim for damages based on a contract to which he is not a party. Particularly when the contract is for the advantage of the third party, this norm has come under heavy fire recently. Indeed, similar contracts are recognised and upheld by other States' civil law systems. The Indian Law rule that forbids a third party from enforcing contractual conditions established in their favour continues to exist despite pleas for statutory reform.
According to the common law idea of privity, a contract ordinarily cannot grant rights to or impose obligations flowing from it on anybody other than the parties to it.
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