| Commentary

73.18 Double recovery

| Commentary

73.18 Double recovery

The Contracts (Rights of Third Parties) Act 1999 Section 5 provides that a third party which brings proceedings in reliance on Section 1 of the Act may have any award reduced. A court or arbitral tribunal may reduce any award to the third party if the promisee contracting party has recovered from the promisor contracting party a sum1:

  1. (a)

        for any third party loss; or

  2. (b)

        for the expense that the promisee contracting party has had in making good to the third party the default of the promisor contracting party.

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial