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Commentary

73.14 Exclusion or variation of third party’s rights

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

73.14 Exclusion or variation of third party’s rights

| Commentary

73.14 Exclusion or variation of third party’s rights

The contracting parties may not, without the third party’s consent, rescind or vary rights previously given to a third party under a term of a contract where1:

  1. (a)

        the third party has communicated his assent2 to the term of the contract to the promisor; or

  2. (b)

        the promisor is aware that the third party has relied on the term; or

  3. (c)

        the promisor can reasonably be expected to have foreseen that the third party would rely on the term and the third party has in fact relied on it.

The parties may rescind

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