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Blair v. Anderson

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Brief Fact Summary.

Blair sued the state of Delaware for breach of contract.

Synopsis of Rule of Law.

A plaintiff will have standing to sue as a third-party beneficiary even if their right is not specified in the contract, if the performance of a contract will satisfy some sort of legal obligation that a promisee of the contract owes to a third party.

Points of Law - Legal Principles in this Case for Law Students.

It follows, therefore, that in authorizing the State Highway Department to enter into valid contracts the General Assembly has necessarily waived the State's immunity to suit for breach by the State of that contract.

View Full Point of Law
Facts.

The state of Delaware and the department of justice entered into an agreement whereby the state of Delaware agreed to provide for the safekeeping and protection of all prisoners in their custody. While in the custody of the state of Delaware, Blair was attacked by another prisoner and sued the state for breach of contract as a third-party beneficiary. The Trial court held that sovereign immunity applied to the case.

Issue.

Whether A plaintiff will have standing to sue as aa third-party beneficiary even if their right s is not specified in the contract, if the performance of a contract will satisfy some sort of legal obligation that a promisee of the contract owes to a third party.

Held.

Yes. A plaintiff will have standing to sue as aa third-party beneficiary even if their right s is not specified in the contract, if the performance of a contract will satisfy some sort of legal obligation that a promisee of the contract owes to a third party.

Discussion.

Yes. A plaintiff will have standing to sue as aa third-party beneficiary even if their right s is not specified in the contract, if the performance of a contract will satisfy some sort of legal obligation that a promisee of the contract owes to a third party.


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