Page:Contracts (Rights of Third Parties) Ordinance (Cap. 623).pdf/8

Contracts (Rights of Third Parties) Ordinance Ord. No. 17 of 2014 Section 9 (4) Subsections (2)(a) and (c) and (3) are subject to any express term of the contract specifying matters not available to the promisor by way of defence, set-off or counterclaim.

9. Proceedings brought against third party

(1) In any proceedings brought against a third party, the third party may not seek to enforce under section 4 a term of a contract (including a term purporting to exclude or limit liability) if the third party could not have enforced the term had the third party been a party to the contract.

(2) Subsection (1) applies whether the third party could not have enforced the term because of particular circumstances relating to the third party or otherwise.

10. Enforcement of contract by promisee

Section 4 does not affect the promisee’s right to enforce a term of the contract.

11. Protection of promisor from double liability

(1) Subsection (2) applies if—
 * (a) a third party may enforce a term of a contract under section 4; and
 * (b) the promisor has wholly or partly performed the promisor’s obligations to the third party under the term.

(2) The promisor is discharged from the obligations owed by the promisor to the promisee to the extent of having performed the same obligations to the third party.

(3) Subsection (4) applies if—
 * (a) a third party may enforce a term of a contract under section 4; and