Book contents
- Frontmatter
- Contents
- Preface
- Abbreviations of Court Names
- Table of Cases
- Table of Legislation
- Part 1 Theoretical and historical introduction
- Part 2 The modern law
- 4 Formation of contract
- 5 Third party rights
- 6 Contractual remedies
- 7 The renunciation of contractual rights
- Part 3 The future
- Bibliography
- Index
5 - Third party rights
Published online by Cambridge University Press: 05 August 2011
- Frontmatter
- Contents
- Preface
- Abbreviations of Court Names
- Table of Cases
- Table of Legislation
- Part 1 Theoretical and historical introduction
- Part 2 The modern law
- 4 Formation of contract
- 5 Third party rights
- 6 Contractual remedies
- 7 The renunciation of contractual rights
- Part 3 The future
- Bibliography
- Index
Summary
The challenge to third party rights in contract
Any legal system which takes promises seriously would be expected to allow such promises to be enforced even if made by a contracting party to a non-contracting party, so long as the promise was seriously intended to confer enforceable rights upon that third party. After all, if a promise can be enforced outside the context of a contract (as happens when a unilateral promise is enforced), why should it not be possible for A to contract with B and, within the context of that contract, also make a promise to C. This, however, is to presuppose that the right of a third party to enforce a right given to it under a contract (a stipulatio alteri or jus quaesitum tertio as it is sometimes called) should be cast in promissory terms. As will be seen below, however, other characterisations of a directly enforceable third party right are conceivable.
- Type
- Chapter
- Information
- Promises and Contract LawComparative Perspectives, pp. 284 - 333Publisher: Cambridge University PressPrint publication year: 2011