1. Why did the court use the term creditor beneficiary to describe Allan?

2. Suppose that Allan had sued Koraev for negligence. Would she have been successful? Discuss your answer.

[Autumn] Allan and [Aslan] Koraev both owned units in the Boardwalk on the Parkway Condominiums. Allan’s unit was directly beneath Koraev’s.* * * Between March 2005 and July 2007, Allan’s unit suffered eight incidents of water and sewage incursion as a result of plumbing problems and misuse of appliances in Koraev’s unit. Allan sued Koraev [and Ekaterina Nersesova, who was the property manager for Koraev’s unit] on a variety of causes of action, including * * * breach of contract.