Chapter

Third-Party Contracts

Philip Sutherland

in European Contract Law

Published by Edinburgh University Press

Published in print February 2006 | ISBN: 9780748624256
Published online March 2012 | e-ISBN: 9780748651429 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748624256.003.0008
Third-Party Contracts

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This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party should acquire right or benefit from contract between others. The findings reveal that the South African stipulatio alteri is not a third-party contract at all and that while Scots law has a true third-party contract, it has been plagued by the delivery requirement. This chapter argues that both mixed legal systems require legislative reform in the English style but without some of the odd rules that are the legacy of the English doctrine of privity of contract.

Keywords: third-party contracts; contract law; Scotland; South Africa; stipulatio alteri; mixed legal system; legislative reform; English doctrine; privity of contract

Chapter.  13643 words. 

Subjects: Company and Commercial Law

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