lecture nine Flashcards
1
Q
Third party suing?
A
Wood v Moncur
2
Q
Key features of third party rights
A
- Primary parties agree to benefit a third party.
- The third party must be identifiable.
- Once agreed, the benefit cannot be revoked.
- No need for the third party’s knowledge or acceptance
3
Q
Abolishment
A
- Jus Quaesitum Tertio was abolished by s.11 of the Contract (Third Party Rights) (Scotland) Act 2017
4
Q
A third-party right becomes irrevocable if:
A
- s.4: The condition allowing the right to be exercised is met, unless agreed otherwise.
- s.5: The beneficiary is informed of the right, and it isn’t dependent on a condition.
- s.6: The beneficiary’s position is significantly harmed, and there is no right to cancel or modify, with the beneficiary aware of this.
5
Q
conclusion
A
The general rule is that contracting parties can modify or revoke a third-party right at any time, except as restricted by ss.4-6.
