Commentary

95 Contracts (Rights of Third Parties) Act 1999

BUILDING AND ENGINEERING vol 5
| Commentary

95 Contracts (Rights of Third Parties) Act 1999

| Commentary

H: OPERATIONAL LIABILITIES AND INSURANCE

1: LIABILITY TO THIRD PARTIES

95 Contracts (Rights of Third Parties) Act 1999

Traditionally third parties have enjoyed little protection under English law due to a combination of the doctrine of privity of contract1 which effectively excludes remedies under the contract, and the rule preventing third parties from recovering economic loss in the tort of negligence2. Furthermore, a party to a contract will generally be unable to recover damages on behalf of a third party if it itself has suffered no loss3. In order to overcome these difficulties, various methods have developed for circumventing the concept of

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