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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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Third Party Rights in Contract: Jus Quaesitum Tertio

Third Party Rights in Contract: Jus Quaesitum Tertio

(p.220) 9 Third Party Rights in Contract: Jus Quaesitum Tertio
A History of Private Law in Scotland: Volume 2: Obligations


Oxford University Press

This chapter outlines the history of the jus quaesitum tertio of Scots law by examining cases and historical accounts that reveal the introduction and existence of the third party rights in contracts in the law of Scotland. In the early stages of Roman law, the law did not recognize the existence of third party rights arising directly from contracts. It was the medieval canon lawyers who first challenged the prevailing view of the Roman law on third party contracts and it was the Spanish scholastics of the 16th century who argued for the enforceability of third part contractual rights. This chapter discusses third party rights in contracts. It assesses the doctrine of consideration and the doctrine of ‘privity of contract’.

Keywords:   third party rights, contracts, third party, third party contracts, contractual rights, doctrine of consideration, privity of contract

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