Bill to give third party rights under contract law introduced to Scottish Parliament

Written by Jenni Davidson on 3 February 2017 in News

The Contract (Third Party Rights) (Scotland) Bill will give rights to third parties in contracts for the first time

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A bill to reform contract law has been introduced to Scottish Parliament.

The Contract (Third Party Rights) (Scotland) Bill will give third party rights – rights a person has under a contract they did not make themselves – for the first time.

The bill implements recommendations from the Scottish Law Commission on this area of contract law, replacing the existing common law with a clearer statutory grounding.


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An example of where this could be needed is if someone has an accident at an event or on holiday or through using a product and wants to claim damages, but they did not make the booking or the purchase themselves.

Minister for Legal Affairs Annabelle Ewing said: “Contracts form part of everyday life and third party rights can provide important benefits or protections.

“This is an area of law that is ripe for reform and this bill will enable the creation of third party rights which may be beneficial to individuals and families as well as businesses.

“Reform will remove a practical barrier for commercial transactions, and keep Scots law fit for purpose by making sure it is flexible enough for modern day expectations.”



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