What is the test for enforcing section 4 of the Law Reform Act?

New Brunswick, Canada


The following excerpt is from Williams v. Breau et al, 2020 NBQB 85 (CanLII):

Section 4 of the Law Reform Act, “which abrogates the common law rule in defined circumstances” (Harrity v. Kennedy 2009 NBCA 60 at para. 4), states: (1) Unless the contract provides otherwise, a person who is not a party to a contract but who is identified by or under the contract as being intended to receive some performance or forbearance under it may enforce that performance or forbearance by a claim for damages or otherwise. (2) … (3) For the purposes of subsection (1), a person who is identified by or under a contract as being intended to receive some performance or forbearance under it includes a) A person who is intended to receive the performance or forbearance only in certain circumstances, if those circumstances occur, and b) … c) A person who is not named in the contract but a member of a class of persons intended to receive the performance or forbearance

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