Commentary

73.23 Checklist of matters to consider concerning third party when drafting agreement

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

73.23 Checklist of matters to consider concerning third party when drafting agreement

| Commentary

73.23 Checklist of matters to consider concerning third party when drafting agreement

  1. (a)

        Is the subject matter of the agreement excluded by the Contracts (Rights of Third Parties) Act 1999? The main excluded categories are1:

    1. (i)

          bills of exchange, promissory note or negotiable instrument;

    2. (ii)

          company memorandum and articles (no rights are conferred a third party in the case of any contract binding on a company and its members under the Companies Act 2006 Section 33(1));

    3. (iii)

          contracts of employment;

    4. (iv)

          contracts of carriage of goods by sea, rail, road or air (except that a third party may in

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