Question

Business Law

Charles Daley slipped on snow and ice while walking on a sidewalk outside Canal Pharmacy. Daley was paralyzed as a result of his injuries. He sued Canal Pharmacy and Eileen Fryer, the pharmacy's landlady, arguing that the parties breached their lease agreement by failing to keep the sidewalks free of snow and ice. Daley claimed that as a customer of Canal Pharmacy, he was a third-party beneficiary of the landlord-tenant lease contract. Was he? Why or why not?

Answer 1

Yes, Daley was a third party beneficiary of the landlord-tenant lease contract as he is the customer of the store and he getting benefitted by the contract between the tenant and the landlord as by receiving the facilities of a pharmacy. So, the customer here is a third party in the contract and as he has sued both the Canal Pharmacy and Eileen Fryer who is the landlord he will getting the coverage from the tenant in this case as ideally he tenant needs to have insurance coverage in such cases but if the tenant is not having, then the owner needs to provide coverage from the injury.