7.1 Introduction

• Library: Contract Law in Virginia (Virginia CLE) (2019 Ed.)

7.1 INTRODUCTION

At least since the early 18th century, it has been the law of the Commonwealth of Virginia that under certain circumstances, a party may sue to enforce the terms of a contract even though he or she is not a party to the contract. ¹ Section 55.1-119 of the Virginia Code recognizes this right with respect to written agreements:

An immediate estate or interest in or the benefit of a condition respecting any estate may be taken by a person under an instrument, although he is not a party to such instrument; and if a covenant or promise is made for the benefit, in whole or in part, of a person with whom it is not made, or with whom it is made jointly with others, such person, whether named in the instrument or not, may maintain in his own name any action thereon that he might maintain as though it had been made with him only and the consideration had moved from him to the party...