Contracts and the rights of third parties: business concerns

Eyles, Keith

Contracts and the rights of third parties: business concerns - 2005 - Advising Business: Law and Practice 4(8) 2005, 11-15 (5) .

Highlights the key issues raised by the implementation of the Contracts (Rights of Third Parties) Act 1999, legislation that is capable of affecting most areas of contract law, and discusses the case law in this context. Although the Act came into effect in 2000 its impact may become increasingly relevant to business representatives and their advisors. Provides the background to the Act and outlines the main provisions and their practical effects. Looks at variation of a contract and some commercial issues. Examines the main judgments considering the Act and reviews points arising from the case law in respect of indemnities and benefits. Concludes that business representatives particularly in the small business sector should ensure that their contracts are not affected by the Act in any way detrimental to their business.


CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
PRENN V SIMMONDS
NISSHIN SHIPPING CO LTD V CLEAVES AND CO LTD
LES AFFRETEURS REUNIS V LEOPOLD WALFORD
LAEMTHONG INTERNATIONAL LINES CO LTD V ABDULLAH