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Views sought on the Contract (Third Party Rights) (Scotland) Bill 28/02/2017 The Scottish Parliament’s Delegated Powers and Law Reform Committee has issued a call for evidence on the Contract (Third Party Rights) (Scotland) Bill.

Views sought on the Contract (Third Party Rights) (Scotland) Bill

The Scottish Parliament’s Delegated Powers and Law Reform Committee has issued a call for evidence on the Contract (Third Party Rights) (Scotland) Bill.

At the moment Scots Law allows parties to a contract to create an enforceable right in favour of a third party, known as a jus quaesitum tertio or JQT. The Bill seeks to put this common law position on a statutory footing and give third parties to a contract the statutory right to create an enforceable right.

According to Committee convener John Scott MSP, the Committee wants to hear “from all individuals and organisations that might have an interest in, or be affected by this potential change in the law.”

Respondents are asked, if possible, to address the following questions:

  • What are the benefits of moving from a common law approach to a statutory footing?
  • What impact will this Bill have on third party rights?
  • Do you think the Bill will increase the use of Scots Law?
  • Do you have any concerns about the approach taken in the Bill?
  • What are the financial implications of the Bill?

The closing date for written views is 24th March 2017.

The call for evidence can be found here.

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