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Contract/tort/Third party rights

Guys..help..I have an opinion writing in a week on BPTC and Im confused about the interaction between contract, negligence and Contracts Rights of Third Parties Act 1999...

If anyone knows please help!

1. If there is an exemption clause in the contract between A and B (contract for service), and that clause says that liability for negligence is excluded, if A brings a claim in tort of negligence, not in contract, does the clause cover B against liability in tort?

2. In the same scenario, for it to apply in tort does it have to be a non-contractual notice?

3. Say there is a third party C who is to get a benefit under the contract of A and B. If C sues B in tort , not in contract, does the exemption of liability as against A comes jnto play against C?

...nightmare!
Original post by Maria2291
Guys..help..I have an opinion writing in a week on BPTC and Im confused about the interaction between contract, negligence and Contracts Rights of Third Parties Act 1999...

If anyone knows please help!

1. If there is an exemption clause in the contract between A and B (contract for service), and that clause says that liability for negligence is excluded, if A brings a claim in tort of negligence, not in contract, does the clause cover B against liability in tort?

2. In the same scenario, for it to apply in tort does it have to be a non-contractual notice?

3. Say there is a third party C who is to get a benefit under the contract of A and B. If C sues B in tort , not in contract, does the exemption of liability as against A comes jnto play against C?

...nightmare!


1. Yes, the exemption clause would also cover negligence in tort law. Unless the contract excludes a claim in tort cf. Robinson v Jones.

2. I'm not quite sure what you mean in your question. What is 'it' you are referring to? All I can say is that a tortious claim can arise with or without the existence of a contract. Sorry I can't help with this one.

3. I think it would depend what the contract says C can or cannot do. See S1(6) of the CRTPA 1990: 'Where a term of a contract excludes or limits liability in relation to any matter references in this Act to the third party enforcing the term shall be construed as references to his availing himself of the exclusion or limitation.'

Not sure if this provides the help you were looking for, but this is the best I could do. Good luck with your opinion writing!
Reply 2
Avatar for roro94
roro94
8
Original post by Maria2291
Guys..help..I have an opinion writing in a week on BPTC and Im confused about the interaction between contract, negligence and Contracts Rights of Third Parties Act 1999...

If anyone knows please help!

1. If there is an exemption clause in the contract between A and B (contract for service), and that clause says that liability for negligence is excluded, if A brings a claim in tort of negligence, not in contract, does the clause cover B against liability in tort?

2. In the same scenario, for it to apply in tort does it have to be a non-contractual notice?

3. Say there is a third party C who is to get a benefit under the contract of A and B. If C sues B in tort , not in contract, does the exemption of liability as against A comes jnto play against C?

...nightmare!


Hi, I think we're on the same boat. How would you write your heading for the action under contracts (right of third party act) 1999? like the similar headings under the parties names such as breach of contract, negligence etc.

Please help :frown: literally feel like crying
Original post by roro94
Hi, I think we're on the same boat. How would you write your heading for the action under contracts (right of third party act) 1999? like the similar headings under the parties names such as breach of contract, negligence etc.

Please help :frown: literally feel like crying


If a party is given rights by virtue of C(ROTP)A 1999, then those rights are contractual and their action is for breach of contract just like the two principal parties action would be.
Reply 4
Avatar for Zee254
Zee254
3
Sadly Maven writers is a scam. Not located in London. No contact number and is actually registered to a Victor Osung in Kenya who actually runs several other similar services and many of the sites that host fake reviews

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