The term "tertius gaudens" is a Latin phrase that translates to "a rejoicing third." It describes a scenario in which a third party benefits from a conflict or dispute between two other parties. In legal contexts, this concept highlights how an outsider can gain advantages or profits due to the disagreements or issues faced by the two involved parties.
Tertius gaudens is often referenced in civil law, particularly in cases involving contracts, property disputes, or family law. It can apply in situations where a third party, such as a business or individual, stands to gain from the outcomes of a dispute between two other parties. Understanding this term can help individuals navigate legal disputes, especially when considering the potential impacts on third parties.
Here are a couple of examples of abatement:
Example 1: In a property dispute between two neighbors over a fence line, a third neighbor might benefit by gaining access to a previously blocked view or increased property value due to the resolution of the dispute.
Example 2: In a divorce case, a family member of one spouse may receive financial support or property as a result of the couple's settlement, thus benefiting from the conflict (hypothetical example).
Examples of state differences (not exhaustive):
| State | Application of Tertius Gaudens |
|---|---|
| California | Recognizes third-party beneficiaries in contract disputes. |
| New York | Allows claims for unjust enrichment for third parties benefiting from disputes. |
| Texas | Third parties may claim benefits if they can prove direct involvement in the dispute. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Tertius Gaudens | A third party benefiting from a dispute. | Focuses on the benefit derived from the conflict of two parties. |
| Intervenor | A party that joins ongoing litigation. | Actively participates in the dispute rather than benefiting passively. |
| Third-Party Beneficiary | A person who benefits from a contract made between two other parties. | Specifically related to contract law, while tertius gaudens can apply more broadly. |
If you find yourself in a situation where you may be a tertius gaudens, consider the following steps:
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It means a third party that benefits from a conflict between two other parties.