by those children, even if they were not born at the time the contract between A and B was entered into. A similar approach will also be taken in relation to future spouses or limited companies that have not yet been formed. In cases where there is no express identification of the third party, the 1999 Act will be of no assistance. Thus, in Scruttons Ltd v Midland Silicones Ltd, the fact that the third party was not specifically referred to in the bill of lading would prove to be crucial under the 1999 Act. In contrast, in those cases such as New Zealand Shipping Co v Satterthwaite, a different result would be likely

doi:10.4324/9781843141518-317

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by those children, even if they were not born at the time the contract between A and B was entered into. A similar approach will also be taken in relation to future spouses or limited companies that have not yet been formed. In cases where there is no express identification of the third party, the 1999 Act will be of no assistance. Thus, in Scruttons Ltd v Midland Silicones Ltd, the fact that the third party was not specifically referred to in the bill of lading would prove to be crucial under the 1999 Act. In contrast, in those cases such as New Zealand Shipping Co v Satterthwaite, a different result would be likely

ABSTRACT

In cases where there is no express identification of the third party, the 1999 Act will be of no assistance. Thus, in Scruttons Ltd v Midland Silicones Ltd,87 the fact that the third party was not specifically referred to in the bill of lading would prove to be crucial under the 1999 Act. In contrast, in those cases such as New Zealand Shipping Co v Satterthwaite,88 a different result would be likely to obtain because of the specific identification of employees, agents and subcontractors as intended beneficiaries of the exemption clause.