Section 8 Defences available against third partyI1

(1)

This section applies where a person has a third-party right to enforce or otherwise invoke an undertaking contained in a contract.

(2)

A contracting party has available, as a defence against a claim by the person that the undertaking has been breached, any defence which is both—

(a)

a defence that a contracting party would have against any other contracting party, and

(b)

relevant to the undertaking.

(3)

Subsection (2) is subject to any contrary provision made in the contract.

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