ABSTRACT
Section 1 does not affect any right of the promisee to enforce any term of the contract.
5. Protection of promisor from double liability
Where under section 1 a term of a contract is enforceable by a third party, and the promisee has recovered from the promisor a sum in respect of-
(a) the third party’s loss in respect of the term; or (b) the expense to the promisee of making good to the third party the
default of the promisor,
then, in any proceedings brought in reliance on that section by the third party, the court shall reduce any award to the third party to such extent as it thinks appropriate to take account of the sum recovered by the promisee.
