Contract (Third Party Rights) (Scotland) Act 2017

8Defences available against third partyS

(1)This section applies where a person has a third-party right to enforce or otherwise invoke an undertaking contained in a contract.

(2)A contracting party has available, as a defence against a claim by the person that the undertaking has been breached, any defence which is both—

(a)a defence that a contracting party would have against any other contracting party, and

(b)relevant to the undertaking.

(3)Subsection (2) is subject to any contrary provision made in the contract.

Commencement Information

I1S. 8 in force at 26.2.2018 by S.S.I. 2018/8, reg. 2