73.22 General wording

Often the parties to a contract will not wish to ‘create any right enforceable by a person not a party to it’1 and they will not expressly grant rights to any third party in their contract. The danger for the parties in such a case may arise where a term of the contract purports to confer a benefit on the third party2. For example, in a software licence between a software author and a distributor, there may be a clause that the software author should provide updates/improvements to the software to the distributor. If

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