ABSTRACT

This chapter examines the circumstances where contract law has allowed exceptions to the traditional rule, specifically concerning the rights of third parties, and also the doctrine of agency. The Contracts Act 1999 appears to put third parties in quite a strong position in situations where they are connected with a contract, but it is important to bear in mind that the extent to which they can exert influence and control is limited. It is important to remember that the effect of the 1999 Act is limited in situations where the parties in drafting the agreement have the presence of mind to include express language in the contract to exclude third parties' rights. Insurance contracts are subject to the same rules regarding privity as any other type of contract; however, there are exceptions which involve third parties when it comes to claiming.