In seven pages this 1999 UK Act and how it fails to keep pace with contemporary society are described and critiqued with its shortcomings a primary emphasis. Seven sources are listed in the bibliography.
Name of Research Paper File: TS14_TE3rdcon.rtf
Unformatted Sample Text from the Research Paper:
of Third Parties) Act of 1999, there are several aspects we need to consider if we are t argue that this is a law which needs to be changed. To
start with this we need to consider traditional contract law and how issues such as privity and consideration are implicit on the formation and enforcement of a contract.
There are certain elements required by English law to make a contract valid. These are offer, acceptance and consideration. This is also accompanied by
a need for there to be an intention to make a legally binding contract. The contract could then be enforced by those parties who had made the agreement and were
party to the contract. To those who were jot a part of the contract they had no rights of enforcing the contract, even if the contract had been formed for
their benefit, such as commissioning of work to be carried out for a third party. If there was a breach of the
contract, then it was down to the party that made the contract to take action, with little remedy being left to the injured party, other than common law resorts such
as tort. However this could not enforce a contract or seek remedy for breach of contract or its terms. Third parties were
excluded due to both consideration and privity. IF we consider the traditional position then we can see why the change was made, and then judge whether it is effective.
The traditional definition of consideration can be found in the case of with the case of Currie v Misa (1875) LR 10 Ex 153, where it is stated; "a valuable