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The Contracts (Rights of Third Parties) Act 1999 (c. 31) is an Act of the Parliament of the United Kingdom that significantly reformed the common law doctrine of privity and "thereby [removed] one of the most universally disliked and criticised blots on the legal landscape". [2]
It has been said the Regulations "sit atop the Act like an ill-fitting wig". [1] The 1994 Regulations were declared an insufficient implementation of the Directive, and had to be replaced by the 1999 Regulations; but once again, the opportunity to consolidate the law into an updated Unfair Contracts Terms Act was missed.
Jus tertii (English: rights of a third party/ stranger) is a term for the legal argument by which a person can defend a claim made against them by invoking the rights of a stranger to the dispute. The defence asserts that the rights of the stranger are superior to those of the claimant; in other words the defence is that the claimant has ...
Privity is a doctrine in English contract law that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, i.e. a "third party".
Supplementary provisions relating to third party "and excludes the section of the Unfair Contract Terms Act 1977 that covers negligence from applying in actions against a third party." - Should this be "applying to actions" rather than "applying in actions"? Indeed; my apologies; fixed. Ironholds 12:26, 20 December 2009 (UTC)
For example, a collateral contract is formed when one party pays the other party a certain sum for entry into another contract. A collateral contract may be between one of the parties and a third party. It can also be epitomized as follows: a collateral contract is one that induces a person to enter into a separate "primary" contract.
Beswick v Beswick [1967] UKHL 2, [1968] AC 58 was a landmark English contract law case on privity of contract and specific performance.The House of Lords, overruling the decision of Lord Denning in the Court of Appeal, ruled that a person who was not party to a contract had no independent standing to sue to enforce it, even if the contract was clearly intended for their benefit.