I18Defences available against third party

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.