| Commentary

125.6 Secondary contracts

| Commentary

125.6 Secondary contracts

A person is not bound by a contract term:

  1. (a)

        where the contract term prejudices or takes away his rights;

  2. (b)

        where the rights arise under in or connection with another contract.

The above provision applies in so far as those rights extend to the enforcement of another person’s liability which UCTA prevents that other person from excluding or restricting1.

This provision:

  1. 125.6.1

        applies where Party A contracts with Party B and Party A separately contracts with Party C, and in the agreement between Party A and Party B, Party A agrees not to sue

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