Part II Related Doctrines, 16 Parties, Third Party Effects, and Clauses Precluding Assignment

Subject(s):

Breach of contract — Construction of contract — Formation of contract — Interpretation of contract

This chapter considers three contexts concerning the parties to the contract and the wider impact of the transaction. First, the chapter examines the rules on identifying the parties. Here, emphasis is placed on the ability to identify the parties as crucial to the question of certainty—that it is a contract that can be enforced by the courts. Secondly, this chapter considers issues of construction arising from the recent reform of privity of contract by the Contracts (Rights of Third Parties) Act 1999. Finally, it considers the efficacy of attempts by the parties to limit the transferability or assignability of the benefits created by the contract.