8.—(1) Where a contract (other than a contract to which section 7 applies) is expressed to be for the benefit of, or by its express terms purports to confer a benefit upon, a third person being the wife, husband or child of one of the contracting parties, it shall be enforceable by the third person in his or her own name as if he or she were a party to it.

(2) The right conferred on a third person by this section shall be subject to any defence that would have been valid between the parties to the contract.

(3) Unless the contract otherwise provides, it may be rescinded by agreement of the contracting parties at any time before the third person has adopted it either expressly or by conduct.

(4) This section applies whether the contract was made before or after the commencement of this Act.

(5) In this section, “child” includes stepchild, illegitimate child, F5[a child adopted under an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or who is the subject of an intercountry adoption effected outside the State and recognised under that Act], and a person to whom the contracting party is in loco parentis.