The Orang-utan Defence League (ODL)contracted with a company that supplies orang-utans. Separately, this company supplied an orang-utan to a local zoo. This agreement between the company and the zoo was subject to an express provision in the contract of sale that the ODL may enforce contractual rights against the zoo if it is found to be mistreating the animal. Pictures have recently emerged of the orang-utan smoking, as visitors to the zoo were allowed to freely toss cigarettes to them without proper monitoring.Can the ODL bring an action against the zoo under the Contracts (Rights of Third Parties) Act 1999, even though it does not benefit from the contract?

A、 No, because there are insufficient ties of love and affection from the zoo to the orang-utan for privity to extend to both of them
B、 Yes, because as long as the contract benefits the ODL as the third party, by implication, this will be enough to raise the presumption that it has a right to enforce the contract
C、 Yes, because the contracting parties, namely the company and the zoo, expressly provided for such a right of enforcement in the contract
D、 No, because the ODL, as a third party, does not have privity of contract to bring an action, even if the contract purports to give it an express right to do so
E、 Yes, because the ODL has a right of action if there is a benefit to it as the third party expressed in a term of the contract, even if it appears that the company and the zoo did not expressly intend to do so