The promisee is himself entitled to demand performance from the promisor of the undertaking made for the benefit of a third party. |
The promisee can see only his right ab intra, the duty of the promisor and the judicial process he has to see ab extra. |
The promisor and promisee may devise a contract in which the position of the beneficiary is significantly different from that of the promisee. |
It also follows that the promisor and promisee enjoy broad powers to shape the rights created in favour of the beneficiary. |
In addition, the promisor, although unable to take reciprocal action against the third party, can take action against the promisee. |
Enforcement reliance is reliance accompanied by a manifested intention by the promisor to be legally bound, or what Barnett has previously called consent. |