Privity

8. and

11. on theta o Draw analogies with

se, apply the poy in support of pry

Property Law Act 1969 (WA) - 11

party, he contracts, subject os @), en erson nis own

12. al parties othe contract must be joined in ho proceeding:
se on the thir party by th

(@) Unless the contract otherwise provides, the contract may be cancelled or medited by
aries thereto at any Eme before the hr par

13. Property Law Act 1974 (QLD) - 55:

or who, ora valuable consideration moving rom the prom

y he hrs party, be subject oa d

ny shal upon
to the benefician to

se is accepted bya third pary by words or conduct communicated by or on
behalf ofthe tre party, communicates his or her assent tothe agreement

) be or appear to be inendedto be legally binding; and
(6) whieh re
ary

Contract (Rights of Third Parties) Act 1999 (UK):

‘Third partes have the right o enforce the

14. (a) The contract expressly provides that they may: or
(6) Tho toms purport to onter a enel on the third party
Uniess i also appears thal despite the conlomal of a benef, the patos
not intend that tho hed party coukd enforce the agreement

52 Partes may not esc tract or vary tins
enitlement under that right without the consent ofthe third par #

(a) The tiró pary has communicated assent o the partes
(@) The promisor I aware of reliance by the rd party upon the right conferred: or
(©) Its reasonably foreseeable that tho third pary wou so rely

(6) This subject to an express tem tothe contrary the contac.

53 Provides that

(a) The promisor shall have avaiable the same defences against the tid pary as
those which I has against the promises

(0) Tho promisor shall ave defences against he third pay if they are provide lo
inthe contract in ation tothe dtences avalable against he promise).

des that where the promise recovers fs, any amount awarded to a tir party wil
be reduced by an appropriate amount

15. fon do you think the UK

16. UNIDRIOT - Chapter 5,

5 oc implied agreement a right on a tir party
2 and content 0 ight against the prom

‘The beneficiary must be identifiable with adequate certainty by the
‘not bo in existence a the ime the contras made

the third party incudes the at

17. the contract which excludes or limits the bit ofthe beneficiary

The promisor may asso against ho benofclary all detences which the prom
could asser against the promises

the hir pary un th thd party ha

5.1 The third party may renounce a right contorted on à

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