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European Contract LawScots and South African Perspectives$
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Hector MacQueen and Reinhard Zimmermann

Print publication date: 2006

Print ISBN-13: 9780748624256

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748624256.001.0001

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Third-Party Contracts

Third-Party Contracts

Chapter:
(p.203) 8 Third-Party Contracts
Source:
European Contract Law
Author(s):

Philip Sutherland

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748624256.003.0008

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

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