Strong support for third party rights Bill
The Faculty has underscored its “enthusiastic support” for proposed legislation on third party rights in contract.
Earlier this year, the Scottish Law Commission published a discussion paper on third party rights and the Faculty backed the proposals.
The Commission subsequently submitted a report to the Scottish Government, with a draft Contract (Third Party Rights) (Scotland) Bill.
The Scottish Government sought views on the Bill, and in a response, the Faculty stated: “In broad terms, the Faculty enthusiastically supported the proposals contained in the Commission’s Discussion Paper. The Faculty considers that codifying and clarifying the common law of ius quaesitum tertio in modern language will be an important improvement for Scots contract law.”
The response offers substantive and drafting comments on sections of the Bill, and can be seen here.