Jus quaesitum tertio : a res, not a right?

Brown, Jonathan (2019) Jus quaesitum tertio : a res, not a right? Juridical Review, 2019 (1). pp. 53-74. ISSN 0022-6785

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Abstract

Until recently, the law pertaining to jus quaesitum tertio in Scotland was regarded as problematic. It was said to be 'behind the times', not least for the fact that the archaic Latin epitaph served to obfuscate the practical utility of 'third party rights'. In 2016, the Scottish Law Commission noted that '[C]lear, readily comprehensible terms are likely to benefit… the many people who draft and interpret contracts' and consequently recommended that steps ought to be taken to 'modernise' not only the substance of the law in this area, but also the language used to express that law. To that end, the Contract (Third Party Rights) (Scotland) Act 2017 was passed by the Scottish Parliament.

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