ABSTRACT

The Contracts (Rights of Third Parties) Act 1999 has now created a very broad exception to the rule. We can say that the rule has almost been abolished, but not quite. Not every contract which confers a benefit on a third party will qualify as an exceptional case. We will, therefore, consider the 1999 Act and, at the same time, the exceptions which were created before the Act, because if a contractual term is not enforceable under the term of the 1999 Act, it may still be enforceable because of one of the pre-existing exceptions.