It takes 3 to JQT

We publish today our Discussion Paper (No 157) on Third Party Rights in Contract.  It sets out the current Scots law and details a number of situations from practice where a reform of the law of third party rights would be beneficial.  We then go on to set out the main elements of what a reformed law might contain: we give detailed consideration to the identification of the third party, the intention of the contracting parties, and the issue of irrevocability.  In particular we suggest abolition of the present requirement by which irrevocability is a pre-condition for a third party right.

We have published a news release, a letter containing information about our consultation process, and an electronic response form for replies.  Further information can be obtained from the project page.  The consultation runs until 20 June 2014.  We welcome all responses.