Commentary

73.11 Defences of contracting party (as promisor) to third party action

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

73.11 Defences of contracting party (as promisor) to third party action

| Commentary

73.11 Defences of contracting party (as promisor) to third party action

The Contracts (Rights of Third Parties) Act 1999 provides for a number of separate defences.

  1. (a)

        ‘The promisor shall have available to him by way of defence or set-off any matter that:

    1. (i)

          arises from or in connection with the contract and is relevant to the term; and

    2. (ii)

          would have been available to him by way of defence or set-off if the proceedings had been brought by the promisee’1.

    This would allow the promisor to rely, against the third party, on for example:

    1. (i)

          a valid exemption clause in

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