Contracts (Rights of Third Parties) Ordinance
Ord. No. 17 of 2014
(6) Subsection (1) applies to a third party even if the third party was not in existence when the contract was entered into.
5. Remedy available to third party
(1) There is available to a third party who enforces a term of a contract under section 4 a remedy that would have been available to the third party in an action for breach of contract if the third party had been a party to the contract.
(2) Any law relating to the remedy applies accordingly.
(3) To avoid doubt, the remedies available to a third party under this section include a remedy under the rules of equity.
(4) This Ordinance does not affect a right or remedy of a third party that exists or is available apart from this Ordinance.
6. Rescission and variation of contract
(1) If a third party may enforce a term of a contract under section 4, the parties to the contract may not, without the third party’s consent—
- (a) by agreement, rescind the contract; or
- (b) by agreement, vary the contract so that the third party’s right under the term is altered or extinguished.
(2) Subsection (1) applies only if—
- (a) the third party has assented to the term and the promisor has received notice of the assent (whether the assent and the notice are in writing or otherwise); or
- (b) the third party has relied on the term and—
- (i) the promisor is aware of the reliance; or
