Karl Auerbach wrote:
>
> Third party beneficiary theory of contract is not necessarily something
> that is perfectly uniform even among the individual states of the United
> States much less among different nations.
It doesn't exist in Canada, for instance. If you ain't a party, you're out
of luck. You can only enforce promises that were made to you, and I'm
surprised that this rule has exceptions in the United States. Perhaps if a
third party changes its position, with the promisor's knowledge, at some
time after the promisor has explicitly acknowledge that the third party is
relying on the promise made to the promisee, but even that is pretty
tenuous. Contracts with nobody in particular are no more enforceable at
law.
Craig McTaggart
Graduate Student
Faculty of Law
University of Toronto
[EMAIL PROTECTED]
