{
  "url": "https://openlegislation.uk/contract-third-party-rights-scotland-act-2017/section-8",
  "json_url": "https://openlegislation.uk/contract-third-party-rights-scotland-act-2017/section-8.json",
  "legislation": "asp/2017/5",
  "legislation_title": "Contract (Third Party Rights) (Scotland) Act 2017",
  "legislation_url": "https://openlegislation.uk/contract-third-party-rights-scotland-act-2017",
  "path": "section/8",
  "kind": "section",
  "number": "8",
  "heading": "Defences available against third party",
  "text": "(1) This section applies where a person has a third-party right to enforce or otherwise invoke an undertaking contained in a contract.\n(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—\n(a) a defence that a contracting party would have against any other contracting party, and\n(b) relevant to the undertaking.\n(3) Subsection (2) is subject to any contrary provision made in the contract.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 8 in force at 26.2.2018 by S.S.I. 2018/8, reg. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2017/5/section/8",
    "retrieved_at": "2026-10-29T20:13:21.485376+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}