Third parties Contract



the common law doctrine of privity of contract provides party contract may sue or sued on it. leading case of tweddle v atkinson [1861] showed doctrine had effect of defying intent of parties. in maritime law, cases of scruttons v midland silicones [1962] , n.z. shipping v satterthwaite [1975] established how third parties gain protection of limitation clauses within bill of lading. number of common law exceptions allowed circumvention, unpopular doctrine remained intact until amended contracts (rights of third parties) act 1999 provides:



a person not party contract (a “third party”) may in own right enforce contract if:


(a) contract expressly provides may, or


(b) contract purports confer benefit on him.






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