08 Apr Agreements (Rights Of Third Parties) Act 1999
(b) some quarters are the subject of criticism and concern. It is feared that this approach could lead to significant uncertainties. So if you want the third party`s rights to be enforceable by him, you should say so. For example: “The parties agree that X itself can enforce the following terms of this contract… ». The intent of Section 8 is to allow a third party to use a compromise clause if the arbitration agreement is a written agreement for Part I of the 1996 Arbitration Act. Where the third party`s right to apply a clause is subject to a compromise clause, the law provides that the third party is treated as a party to the arbitration agreement for the purpose of a dispute between the third party and the promise of the application of a contractual clause by the third party. The new clause can have important implications for the promise; the secretary of the Lord`s Chancellor proposed that “the promisor … request a stay of the [legal] procedure under Article 9 of the Arbitration Act. The previous bill would not have allowed the promised company to opt for litigation. Article 3, paragraph 6, provides that in the event of proceedings against a third party, he cannot resort to a clause in the contract (. B, for example, a statute of limitation or exclusion) only if he had been able to do so if he had been a contracting party. This means, for example.B., that if the contractor had not been able to invoke an exclusion clause because it was not valid (for example.
B by fraud or in violation of the law on abusive contractual clauses), the third party cannot invoke the clause either. Subsection (4) provides that the third party must assert its rights subject to and in accordance with other relevant contractual conditions. Therefore, the third party could be bound by a contractual limitation period, a clause that provides that the parties should, in the first place, refer any dispute to mediation or a net contribution clause. Lawyers often use instruments such as action investigations, agency agreements and warranty contracts to provide contractual benefits to third parties (although these are not necessarily direct enforcement rights).