The claimants sought damages from the defendants who had purchased the contractor’s business for failures in the refurbishment of their flat. Their only direct contract was with the main contractors, but the defendants had adopted the liabilities of the original contractors.
Held: The claimants were unable to rely on the 1999 Act. To be able to use the contract to which they were not a party, they had to be named in that contract as taking a benefit, or a least comprised in a class of people said to benefit. No such class was identified by the contract. The word ‘express’ in the Act did not allow any implication to be made.
Judges:
Waller LJ, Levesaon LJ
Citations:
[2006] EWCA Civ 1533, Times 12-Dec-2006
Links:
Statutes:
Contracts (Rights of Third Parties) Act 1999 1(3)
Jurisdiction:
England and Wales
Contract
Updated: 16 September 2022; Ref: scu.246009
