The Third Party Beneficiary Concept Is Available as a Theory of Recovery in Pollution Cases

Date

1972

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Introduces the idea of considering the 3rd party beneficiary concept as a theory of recovery in environmental cases, specifically pollution. Adding a litigant as a third party beneficiary helps clients who are victims of the pollution but may be precluded from bringing a claim. The author observes the definition of the contract claim and whether clients who choose to bring claims as third party beneficiaries will be successful in recovering damages.

Description

Keywords

Pollution, 3rd party beneficiary, Contract, Damages, Nuisance, Ratzlaff v. Franz Foods of Arkansas, Case note

Citation

3 Tex. Tech L. Rev. 385