In Italy we would solve the matter in a different way, with a different type of contract, but I am not sure that this would be considered a proper way in some other parts of the world.... ;>)
-----Original Message----- From: alac-bounces@atlarge-lists.icann.org [mailto:alac-bounces@atlarge-lists.icann.org] On Behalf Of Bret Fausett Sent: 23 March 2007 20:55 To: Vittorio Bertola; Wendy Seltzer Cc: ALAC; Michael Maranda; na-discuss@atlarge-lists.icann.org Subject: Re: [At-Large] [NA-Discuss] Suggestion: Name the public as intended beneficiary of RALO MOUs
On 3/23/07 11:48 AM, "Vittorio Bertola" <vb@bertola.eu> wrote:
I must say that this concept of a private contract between A and B which can be used by a third party C for sueing A is something a bit out of my understanding, I think there's nothing like that in Italy...
Just as background, in the U.S., people who are intended to benefit from a contract to which they are not parties are allowed to sue, as "third-party beneficiaries," when their interests are affected adversely.
For example, let's say I give you $100,000 and I ask you to invest it for the benefit of my children, and you agree to pay it out to them when they reach the age of 21, minus your administrative fees. You take the money and spend it on a single hand of blackjack in Monaco, and you lose all the money. My children can sue you, even though they didn't have an agreement with you. I wouldn't be surprised if you have some similar laws in Italy (and elsewhere).
In the U.S., this right of intended beneficiaries to sue is typically implied into every contract.
Bret
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