What is the test for determining whether a contract is binding on a third party or agency?
Alberta, Canada
The following excerpt is from Haupt v. Westcott, 1980 CanLII 1102 (AB QB):
A review of the reasons referred to by Dickson J., which are found at pp. 246-7 D.L.R., pp. 140-1 N.R., of the judgment in Barnett v. Harrison would appear to require an analytical approach to determine whether there is a third party or agency involved upon whose performance the contract depends. If so, it is not necessary to determine whether the condition is for the sole benefit of one party or whether it is severable.
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