to perform or refrain from performing a given act, we think, is an objective one, determined from the form and meaning of the contract itself”). 45 See Schmalfeldt v North Pointe Ins Co, 469 Mich 422, 428; 670 NW2d 651 (2003); Brunsell, 467 Mich at 296-298. 46 Brunsell, 467 Mich at 297. 47 See Koenig, 460 Mich at 680 (stating that “an objective standard is to be used to determine from the contract itself whether the promisor undertook ‘to give or to do or to refrain from doing something directly to or for’ the putative third-party beneficiary”) (citation omitted; emphasis omitted). 48 See id. at 684, Lidke v Jackson Vibrators, Inc, 379 Mich 294, 300; 150 NW2d 737 (1967), and Guardian Depositors, 290 Mich at 442; see also Williams v Polgar, 391 Mich 6, 14; 215 NW2d 149 (1974) (<HOLDING>). 49 MCL 600.1405. 50 MCL 600.1405(2)(a). 51
recognizing rule recognizing such an exception recognizing the rule and the exception but holding facts did not support claim to exception recognizing thirdparty beneficiaries as an exception to the commonlaw privity rule recognizing exception