Contracts (Rights of Third Parties) Ordinance
Ord. No. 17 of 2014
Section 8
A1669
(4) The order may be made subject to any condition that the court thinks fit, including a condition requiring that the third party be compensated.
8. Proceedings brought by third party
(1) Subsections (2), (3) and (4) apply if a third party brings proceedings to enforce a term of a contract under section 4.
(2) The promisor may raise one or more of the following matters by way of defence or set-off—
- (a) a matter that—
- (i) arises from or in connection with the contract and is relevant to the term; and
- (ii) would have been available to the promisor by way of defence or set-off if the proceedings had been brought by the promisee;
- (b) a matter in respect of which the following conditions are met—
- (i) an express term of the contract provides for the matter to be available to the promisor by way of defence or set-off in proceedings brought by the third party; and
- (ii) the matter would have been available to the promisor by way of defence or set-off if the proceedings had been brought by the promisee;
- (c) a matter that would have been available to the promisor by way of defence or set-off if the third party had been a party to the contract.
(3) The promisor may raise, by way of counterclaim, a matter not arising from the contract that would have been available to the promisor by way of counterclaim against the third party if the third party had been a party to the contract.
