Cal. Codes » Civil Code

Cal. Civil Code § 1559

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A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.

Notes of Decisions
Cited in 235 cases (42 in the last 5 years), 1939–2025 · leading case: In re Nexus 6P Prods. Liab. Litig.
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In re Nexus 6P Prods. Liab. Litig. (2018) cand · cites it 2× “California has codified the third-party beneficiary exception: "A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it.”
Signal Companies, Inc. v. Harbor Ins. Co. (1980) cal · cites it 4× “The case did not continue." The precise language of the Harbor policy does not yield itself to such (mis)interpretation.”
Hess v. Ford Motor Co. (2002) cal · cites it 2× “(Civ.Code, § 1559.) However, "[a] putative third party's rights under a contract are predicated upon the contracting parties' intent to benefit" it.”
Northstar Financial Advisors Inc. v. Schwab Investments (2015) ca9 · cites it 2× “Northstar alleges that the Schwab Advisor breached the IAA by managing the Fund in a manner inconsistent with the Fund’s fundamental investment objectives, and that the shareholders may hold the Schwab Advisor liable for such a breach as third-party beneficiaries of the IAA.”
register.com, Inc. v. Verio, Inc. (2004) ca2 “” Cal. Civ.Code § 1559. For Ver-io to seek to enforce Register’s promises it made to ICANN in the ICANN Agreement, Verio must show that the Agreement was made for its benefit.”
Martinez v. Combs (2010) cal “3d 46 ]; Civ. Code, § 1559.) We need not decide the point.”
Pegasus Satellite Television, Inc. v. DirecTV, Inc. (2004) cacd · cites it 4× “Third Party Beneficiary Law Pursuant to California Civil Code § 1559, “[a] contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it”.”
Harper v. Wausau Insurance (1997) calctapp · cites it 3× “3d at page 943 , the Supreme Court, while discussing the circumstances where a third party beneficiary could sue an insurer, held: “A third party beneficiary may enforce a contract expressly made for his benefit.”
Trouten v. Heritage Mutual Insurance Co. (2001) sd · cites it 2× “The issue was whether the injured party was a third party beneficiary under the terms of the insurance policy and in light of California Civil Code § 1559. That provision, like SDCL 53-2-6, stated that "`[a] contract made expressly for the benefit of a third person, may be…”
Amaral v. Cintas Corp. No. 2 (2008) calctapp “(Civ. Code, § 1559.) For a third party to qualify as a beneficiary of a contract, the contracting parties must have intended to benefit that third party and their intent must be evident in the terms of the contract.”
Syufy Enterprises v. City of Oakland (2002) calctapp · cites it 2× “Syufy Has No Right to Possession as A Third-Party Beneficiary In a related argument, Syufy claims its third-party beneficiary rights under the Master Lease must be enforced—even if the lease is considered terminated—because the lease contract was never rescinded.”
Dale Bozzio v. Emi Group Ltd (2016) ca9 · cites it 2× “The court did not address whether a third-party beneficiary, which has an independent cause of action on a contract, see Cal. Civ.Code § 1559, could bring an action for breach of contract against the promisor when the promisee is a suspended corporation.”
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