Privity of contract : contracts for the benefit of third parties : item 1 of the Sixth Programme of Law Reform: The Law of Contract

Bibliographic Information

Privity of contract : contracts for the benefit of third parties : item 1 of the Sixth Programme of Law Reform: The Law of Contract

(Law Com., no. 242)

HMSO, 1996

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Note

"Presented to Parliament by the Lord High Chancellor by Command of Her Majesty, July 1996"

"Cm3329"

Description and Table of Contents

Description

In this report, the Law Commission makes recommendations for the reform of that part of the doctrine of privity of contract which lays down that a contract does not confer rights on someone who is not party to that contract.

Table of Contents

  • Part 1 Background: the present law and calls for reform. Part 2 Preliminary issues: arguments for reform
  • recedents for reform
  • the form of the legislation
  • the third party rule and consideration. Part 3 Central reform issues: the test of enforceability
  • designation
  • existence and ascertainability of the third party
  • variation and cancellation
  • defences, set-offs and counterclaims
  • overlapping claims
  • existence exceptions
  • consequential ammendments
  • miscellaneous issues. Part 4 Summary: summary of recommendations.

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