This case has been cited 2 times or more.
|
2005-12-09 |
CHICO-NAZARIO, J. |
||||
| It is axiomatic that a contract cannot be binding upon and cannot be enforced against one who is not a party to it, even if he is aware of such contract and has acted with knowledge thereof.[15] A person who is not a party to a compromise agreement cannot be affected by it.[16] This is already well-settled. Thus, in Young v. Court of Appeals[17] we stressed:The main issue in this case is whether or not petitioner can enforce a compromise agreement to which she was not a party. | |||||
|
2005-07-15 |
CALLEJO, SR., J. |
||||
| The definition of a stipulation pour autrui is set forth in the second paragraph of the above provision. The requisites for such stipulation are the following: (a) the stipulation in favor of a third person, the third-party beneficiary which should be a part, not the whole, of the contract; (b) the contracting parties must have clearly and deliberately conferred a favor upon a third person, not a mere incidental benefit or interest; (c) the favorable stipulations should not be conditioned or compensated by any kind of obligation whatsoever; (d) the third person must have communicated his acceptance to the obligor before its revocation; and (e) neither of the contracting parties bear the legal representation or authorization of the third party.[35] | |||||