Views sought on the Contract (Third Party Rights) (Scotland) Bill

Provision for third party rights is currently made in common law. Scots law currently allows parties to a contract to create an enforceable right in favour of a third party, known as a jus quaesitum tertio or JQT.

The bill seeks to put the common law position on a statutory footing and give third parties to a contract, the statutory right to create an enforceable right.

John Scott MSP, convener of the Scottish Parliament’s Delegated Powers and Law Reform Committee said: “This bill seeks to provide a more modern approach to third party rights, and to bring Scotland into line with many jurisdictions.

“As part of our evidence gathering to help us reach a view on the general principles of the bill, we want to hear from all individuals and organisations that might have an interest in, or be affected by this potential change in the law.

“As well as seeking views from law firms, businesses and university law schools we also want to hear from citizens’ rights organisation and anyone else with experience of this aspect of law.”

Respondents are asked, if possible, to address the following questions:

1. What are the benefits of moving from a common law approach to a statutory footing?

2. What impact will this bill have on third party rights?

3. Do you think the bill will increase the use of Scots law?

4. Do you have any concerns about the approach taken in the bill?

5. What are the financial implications of the bill?

Submissions should be limited to no more than eight pages of A4. Responses should be sent, wherever possible, electronically and in MS Word format to the following email address: DPLR.Committee@parliament.scot.

The closing date for written views is: 6pm on 24 March 2017