sec.68Contract containing promise for benefit of third party

### sec.68 Contract containing promise for benefit of third party This section applies if— a person (the promisor ) and another person (the promisee ) enter into a contract; and the contract contains a promise that the promisor will do or refrain from doing an act for the benefit of another person who is not a party to the contract (the third party ). The promisor is subject to a duty enforceable by the third party to perform the promise. Subject to the terms of the contract, the contract or the promise may be terminated or modified by the agreement of the promisor and promisee before the third party accepts the benefit of the promise. If the third party accepts the benefit of the promise, either expressly or by conduct, an obligation imposed by the contract on the third party for the benefit of the promisor is enforceable by the promisor. The promise is enforceable by the third party in a proceeding brought in the third party’s own name. If the third party brings a proceeding under subsection (5) — the third party must serve each party to the contract with a copy of the proceeding; and a defence that would have been available to the promisor had the third party been a party to the contract is available to the promisor. If the promise creates an interest in land, this section applies subject to part 2 , division 1 . In this section— contract includes a deed or another document if the deed or other document provides for the giving of consideration. third party includes— a person designated by name, description or class; and a person not in existence when a promise is made. (sec.68-ssec.1) This section applies if— a person (the promisor ) and another person (the promisee ) enter into a contract; and the contract contains a promise that the promisor will do or refrain from doing an act for the benefit of another person who is not a party to the contract (the third party ). (sec.68-ssec.2) The promisor is subject to a duty enforceable by the third party to perform the promise. (sec.68-ssec.3) Subject to the terms of the contract, the contract or the promise may be terminated or modified by the agreement of the promisor and promisee before the third party accepts the benefit of the promise. (sec.68-ssec.4) If the third party accepts the benefit of the promise, either expressly or by conduct, an obligation imposed by the contract on the third party for the benefit of the promisor is enforceable by the promisor. (sec.68-ssec.5) The promise is enforceable by the third party in a proceeding brought in the third party’s own name. (sec.68-ssec.6) If the third party brings a proceeding under subsection (5) — the third party must serve each party to the contract with a copy of the proceeding; and a defence that would have been available to the promisor had the third party been a party to the contract is available to the promisor. (sec.68-ssec.7) If the promise creates an interest in land, this section applies subject to part 2 , division 1 . (sec.68-ssec.8) In this section— contract includes a deed or another document if the deed or other document provides for the giving of consideration. third party includes— a person designated by name, description or class; and a person not in existence when a promise is made. - (a) a person (the promisor ) and another person (the promisee ) enter into a contract; and - (b) the contract contains a promise that the promisor will do or refrain from doing an act for the benefit of another person who is not a party to the contract (the third party ). - (a) the third party must serve each party to the contract with a copy of the proceeding; and - (b) a defence that would have been available to the promisor had the third party been a party to the contract is available to the promisor. - (a) a person designated by name, description or class; and - (b) a person not in existence when a promise is made.