| Commentary

73.6 Issues for the drafter

| Commentary

73.6 Issues for the drafter

From the above examples it can be seen that the Contracts (Rights of Third Parties) Act 1999 is potentially of major commercial significance in the drafting of contracts made under English law. The default position in many contracts is that no third party can benefit and one of the standard boilerplate provisions found in most commercial agreements is that the 1999 Act will not apply. Although this may be now the default position, whether such a clause needs inclusion at all or in a modified way will depend on whether the contract, or any of

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