Deconstructing privity

Article Abstract:

The United Kingdom Contracts (Rights of Third Parties) Act 1999 has not been welcomed by the UK construction industry. Some observers fear it will allow contracting parties to forgo collateral warranties. Almost every type of contract will be covered by the act which was introduced in Nov 1999. Third parties will be able to have contractural rights even if they are not party to the contract. Contracting parties should ensure their contracts allow them to forego having to request consent to rescission or variation of rights from third parties.

Interpretation and construction, Laws, regulations and rules, Contracts

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Uncertainty rules

Article Abstract:

A case concerning competition law, heard in the UK Court of Appeal, may have affect the new Competition Act 1998 which will be introduced in Mar 2000. The Act is based on the European Community competition law in Article 85 of the Treaty of Rome. There are fears the introduction of the notion of periodic nullity will lead to some ambiguity over lease agrements. The appeal court decided agreements which were in breach of Article 85 could once again become enforceable if they were considered to no longer be in breach.

Competition (Economics), Cases

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