The Contracts (Rights of Third Parties) Act 1999

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  • Created by: pinderj
  • Created on: 23-01-18 11:47

s 1(1)(a)

Third party can enforce a term of the contract if:

"The contract expressly provides that he may"

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s 1(1)(b)

Third party can enforce the term of a contract if:

"Subject to subsection (2), the term purports to confer a benefit on him."

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s 1(2)

"Subsection 1(b) does not apply if on a proper construction of the contract it appears that the parties did not intend the term to be enforceable by the third party."

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s 1(3)

"The third party must be expressly identified in the contract by name, as a member of a class or as answering a particular description but need not be in existence when the contract is entered into."

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s 1(4)

"This section does not confer a right on a third party to enforce a term of a contract otherwise than subject to and in accordance with any other relevant terms of the contract."

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s 1(5)

The third party has the same remedies as if he had been a party to the contract.

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