Page:Contracts (Rights of Third Parties) Ordinance (Cap. 623).pdf/5

Contracts (Rights of Third Parties) Ordinance Ord. No. 17 of 2014 Section 5 (6) Subsection (1) applies to a third party even if the third party was not in existence when the contract was entered into.

5. Remedy available to third party

(1) There is available to a third party who enforces a term of a contract under section 4 a remedy that would have been available to the third party in an action for breach of contract if the third party had been a party to the contract.

(2) Any law relating to the remedy applies accordingly.

(3) To avoid doubt, the remedies available to a third party under this section include a remedy under the rules of equity.

(4) This Ordinance does not affect a right or remedy of a third party that exists or is available apart from this Ordinance.

6. Rescission and variation of contract

(1) If a third party may enforce a term of a contract under section 4, the parties to the contract may not, without the third party’s consent—
 * (a) by agreement, rescind the contract; or
 * (b) by agreement, vary the contract so that the third party’s right under the term is altered or extinguished.

(2) Subsection (1) applies only if—
 * (a) the third party has assented to the term and the promisor has received notice of the assent (whether the assent and the notice are in writing or otherwise); or
 * (b) the third party has relied on the term and—
 * (i) the promisor is aware of the reliance; or