Which of the following options explain why the rules developed by the common law on privity remain relevant even after the enactment of the Contracts (Rights of Third Parties) Act 1999? Please select all that apply.
A) The 1999 Act does not apply to all classes of contract.
B) Contracting parties can choose to exclude the operation of the 1999 Act if they wish.
C) The 1999 Act does not affect rights or remedies otherwise available under the common law.
D) The common law takes precedence over the 1999 Act in the event of conflict.

Question

Quizplus · Accepted Answer

A) The Contracts (Rights of Third Parties) Act 1999 does not apply to all classes of contracts, meaning that in situations where it does not apply, the common law rules on privity remain relevant.B) Parties to a contract can opt out of the provisions of the 1999 Act, choosing instead to be governed by the common law rules on privity.C) The 1999 Act explicitly states that it does not affect any right or remedy of a third party that exists or is available apart from the Act, thereby preserving the relevance of common law principles.

Which of the Following Options Explain Why the Rules Developed