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3947 The recipient of a gift purchased by another did not rely on any representations by the seller and so has no standing to sue for fraud or misrepresentation; the recipient of a gift purchased by another is not a consumer of the thing purchased and so has no standing to sue under the Consumer Legal Remedies Act; the recipient of a gift purchased by another may be an intended third party beneficiary of the purchase agreement with standing to sue for damages resulting from breach of warranty by the seller, but lacks standing to sue for rescission.CitationSCHAUER v MANDARIN GEMS (Diamond Ring) 125 CA4 949 [See: CivC 1760 etseq; CA Emergency Physicians v PacifiCare 111 CA4 1127, T/AT 10/03; Wilhelm v Pray, Price 186 CA3 1324]
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