Written by attorneys · grounded in primary & secondary sources — see below
3 senses
1
Formal acknowledgment of a right to performance in a third party.
2
Formal acknowledgment of a past benefit received by the promisor.
Sense 1
1
Sense 1
Formal acknowledgment of a right to performance in a third party.
Examples1
Intended Beneficiary Status Recognized
Ryan Roberts contracts with Reliance Insurance to pay any future car buyer for theft losses within one year of purchase. When Robert Rivera buys a car from Ryan and learns of the policy, the circumstances indicate that recognition of Robert's right to performance is appropriate to carry out the parties' intention.
Frequently Asked
Sense 2
2
Sense 2
Formal acknowledgment of a past benefit received by the promisor.
Examples1
Promise Acknowledges Prior Benefit
Rebecca Ross helped Robert Rivera harvest his storm-damaged crop using her equipment and labor. Robert later signs a note promising substantial payment in recognition of the benefit received. The promise binds him to the extent necessary to prevent injustice.
Frequently Asked
Sense 3
3
Sense 3
Formal acknowledgment of a status or event that supports enforcement of an obligation or permits participation.
Examples4
Judge Accepts Award at Nonprofit Gala
Rosa Ruiz, a sitting judge, attends a fundraising dinner hosted by a legal aid society. The society presents her with a public service award during the program. Because the event raises funds yet directly concerns the administration of justice, her acceptance of the recognition complies with the applicable participation limits.
Tort Aspect Allows Punitive Damages
Renee Rogers sues Roberto Reyes for breach of promise to marry after he ends their engagement. The court recognizes the tort aspect of the claim and permits evidence that Roberto acted maliciously, opening the door to punitive damages in addition to actual losses.
Formal acknowledgment of a status or event that supports enforcement of an obligation or permits participation.
Each sense below has its own examples, sources, and questions.
1
When does recognition of a right to performance make a third party an intended beneficiary?+
Recognition of a right to performance in the beneficiary is appropriate to effectuate the intention of the parties when the performance will satisfy an obligation of the promisee to pay money to the beneficiary or the circumstances indicate that the promisee intends to give the beneficiary the benefit of the promised performance.
1
Under what circumstances is a promise made in recognition of a past benefit enforceable?+
A promise made in recognition of a benefit previously received by the promisor from the promisee is binding to the extent necessary to prevent injustice, provided the benefit was not conferred as a gift and enforcement is not disproportionate to the benefit conferred.
State Recognition of Same-Sex Marriage
Ridgeway Partners, a wedding venue operator, refuses to host ceremonies for same-sex couples after state law changes. The couples seek recognition of their marriages on equal terms with opposite-sex couples under the fundamental right to marry.
Obergefell v. Hodges576 U.S. 644 (2015)
Notice Required for Judgment Recognition
Redwood Bank serves as trustee for a common trust fund and publishes notice of an accounting proceeding only in a local newspaper. Out-of-state beneficiaries later challenge the judgment, arguing that the notice was insufficient to support recognition of the decree in other states.
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
Frequently Asked2
What must a judge consider before accepting an award or other recognition at a fundraising event?+
A judge may receive an award or other recognition at an event of an organization only if the event concerns the law, the legal system, or the administration of justice when the event serves a fundraising purpose.
How does recognition of the tort aspect affect recovery in a breach of promise to marry action?+
Recognition of the tort aspect permits an award of punitive damages when the defendant acted maliciously, in addition to actual damages such as expenditures made in preparation for marriage and compensation for loss to reputation or mental anguish.
410 U.S. 113 (1973)Constitutional Law
…excepts from criminality only a life-saving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the other interests involved, is violative of the Due Process Clause of the Fourteenth Amendment. (a) For the stage prior to approximately the end of the first trimester, the abortion…