Third party rights: what now?
The new statutory framework replaces the common law doctrine of jus quaesitum tertio and will apply to all contracts entered on or after 26 February 2018. The Act does not have retrospective effect and therefore will not affect existing contracts.
There are specific conditions that have to be met for a third party right to be created under the Act. However, the view of the committee is that where the intention of the parties is specifically to exclude third party rights, it would be prudent to add a clause to that effect to all contractual documents. For example, “the Missives do not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce or otherwise invoke any provision of the Missives”.
The Property Standardisation Group is currently updating its suite of styles to reflect this legislative change. This will also be considered for inclusion in any update to the Standard Conditions.
In this issue
- Borrowings, partner capital and profitability
- GDPR and the cloud
- Employment claims: is the flood still to come?
- Contributory fault: drivers, cyclists and pedestrians
- Reading for pleasure
- Opinion: Derek McCabe
- Book reviews
- Profile: Siobhan Kahmann
- President's column
- Application changes coming
- People on the move
- Seeking a better way
- Beyond borders
- Drawings and profitability
- Enforceable rights or progressive policy goals?
- Conflict theory: it works
- What the liquidators don't tell you
- The office on the move
- Please can we have some more?
- Health check for doctors' lines
- When creditors come first
- Keeping goods exclusive
- Tenant Farming Commissioner: the story so far
- HSE appeals: experts allowed in
- Scottish Solicitors' Discipline Tribunal
- Please don't stop the music
- Broadcasting's business end
- Public policy highlights
- Scam warnings escalate
- This time it's personal
- The game's not a bogey!
- "Only amateurs attack machines; professionals target people"
- When estate agents need client ID
- Banks, client accounts and the Money Laundering Regulations
- Third party rights: what now?
- Ask Ash