If I am aware that John is the rightful holder of an entitlement to a cash award and the time limit for submitting such a claim is rapidly approaching, and I am unaware whether John knows that he is so entitled, or that he knows that the time limit for making his claim for the award is imminent, can I act on this knowledge and make the claim on his behalf in order to preserve his interest without his permission if I am unable to contact him?
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If the answer is no, would my intervention be looked at more favorably by the courts if we (John and myself) belonged to a class of persons who were issued the offer of the cash award for performing certain tasks, since I would then be a member of a group that would have been materially affected?
This is an interesting question and, because of the highly theoretical way in which it is framed, difficult to answer. As a general matter, which rights are personal to the holder of an "entitlement," a stranger to the relationship between the "entitlor" and "entitlee" has no right to exercise the latter's rights, and the "entitlor" could probably refuse to recognize the exercise of those rights. Of course, a possible workaround is for you to hold yourself out as "John's" agent. Under the law of agency, if John later ratifies your acts, then the other party may be bound, but you could be in trouble if John is unavailable or refuses to ratify.
If I understand the second branch of your question correctly, you suggest that, since you and John have a common claim, you might have heightened standing to exercise John's rights on his behalf. I can think of no legal reason why this theory might be supported.
As with all other matters in this forum, this is not legal advice, and you should consult an attorney regarding your rights and duties.
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