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Part III Capacity and Parties, 9 Third Parties and Co-Parties

From: Contract Law in Practice

Neil Andrews

Content type:
Book content
Product:
International Commercial Law [ICML]
Published in print:
27 May 2021
ISBN:
9780192897947

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 September 2023

Subject(s):
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.

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