- Third parties — Contract
An agreement to confer a benefit on a third party is not actionable by the third party at Common Law. Statute has now intervened to modify the position: (i) a direct right of action can be expressly conferred on a named or identifiable third party; (ii) the contract can create by implication such a right, exercisable by a third party, if the contract `purports to confer a benefit’ on such a person. The statute has been examined in the courts and some subtleties have emerged. Claims by parties on behalf of third parties are also considered in this chapter. There is the distinct context in which a promise is made to more than one party, who are known as co-promisees. These technical rules are examined.
Users without a subscription are not able to see the full
to access all content.