The Rights of the Third Party Act
The Rights of the third party act was introduced in 1999, to protect the interests of third parties involved in contracts. The assignment of this act safeguards the concerns of third party members who may not be directly affiliated with the terms of the contract itself. It also gives a third party the right to enforce a contract without having direct affiliation, since they are indirectly included.
The assignment of this law delegates the circumstances of which a third party has the right to enforce a contract. It also identifies the situations in which a contract may be withdrawn or dissolved. The delegation of third party rights describe the defenses available to other parties, if they in fact are faced with a situation where the third party contests a contract. The layout of the thirds parties rights are broken into eight sections, providing delegation of conditions, variations, defenses and exceptions.
Under the third party act the third party is given certain conditions for which they can contest any existing contract.Third parties who are listed as intended beneficiaries within a contract are given the immediate right to contest a contract. In order for a third party to be considered as a intended beneficiaries they need to meet two requirements.
Primarily beneficiaries need to show that their direct affiliation as a beneficiary will effect the direct parties involved. Beneficiaries also need to show that conditions of a contracts performance ultimately effects any money or services they would receive. If the assignment of a contract openly explains a third parties rights to contest, or if a section where a third party is assigned also applies to any other section of the contract;they have the right to enforce a contracts terms.
Proper assignment should be given to a third party at the time a contract is made, being clearly identified by name, class and description within a contract are important. Failure for a contract to meet this criteria gives a third party the right to enforce the terms of a contract. If a individual is the third party within a contract and the promise within the contract has no direct affiliation, they have the right to contest a contracts conditions.
When a third party wishes to enforce a contract an informal hearing must be constructed. The court usually rules the third party with the same regard as they would a direct party of the contract.While treating other parties as if they breached the terms of their contract.
Any reference to damages, particular responsibilities, performance or any other deliverance should apply accordingly.Just as third parties have the right to contest a contract, the act also provides measures of defense for direct parties. By general rule the party making a promise, has a right to assert defenses against the beneficiary on the same level that could be applied to a party the promise was geared to.
A third party gives up their right to contest any part of a third party beneficiary contract once they accept to the terms and conditions within a contract as the third party.
The third party act provides detailed information regarding the assignment and delegation of contracts. Assignments within a contract transfers the rights of parties, while delegation appoints duties of one person to another.
Clear delegation of duties and contract assignments keep the requirements of contract clear and concise.It also gives third parties as beneficiaries or counterparts,a sense of controlling the aspect of being improperly described or identified within a contract. Before this act was set into place third parties had little room to contest any disputes they may have with a contract.