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Hi Mike,
Question from Kit please…
Circumstances where a 3rd party has a right to enforce rights they may have under the contract.
Answer states that 3rd party need not be in existence when the contract was formed, but party must be expressly identified in the contract. How is it possible to be expressly identified but not exist?
ThanksThat’s a fascinating concept Jean and, in fact, the Act has been widely criticised
However, here’s an extract from the summary of the Act that I shall use to explain the issue
“The third party must be identified by name or as a member of a particular group, and does not need to exist when the contract was made”
If I entered into a contract with, say, a bank to provide a benefit for my children (members of a particular group) and then my wife has another child after we have made that contract, then surely the beneficiary (the new child) did not exist at the time the contract was made
Does that help?
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