| Commentary

73.9 Identifying the third party

| Commentary

73.9 Identifying the third party

The Contracts (Rights of Third Parties) Act 1999 states that the third party must be expressly identified in the contract1:

  1. (a)

        by name; or

  2. (b)

        as a member of a class; or

  3. (c)

        as answering a particular description.

The third party need not be in existence at the time the contract is entered into2. This could include allowing contracting parties to confer enforceable rights on, for example:

  1. (i)

        an unborn child; or

  2. (ii)

        a future spouse; or

  3. (iii)

        a company that has not yet been incorporated3; or

  4. (iv)

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