Contracts (Rights of Third Parties) Act 1999 has been listed as one of the Social sciences and society good articles under the good article criteria. If you can improve it further, please do so. If it no longer meets these criteria, you can reassess it. | ||||||||||||||||||||||
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Can you please change this article to use this citation system? It works better this way, rather than inventing our own ones. Basically, you can drop "p." before page numbers (simpler, right?) and follow the style accurately for the list of reference sources. Wik idea 21:20, 21 June 2009 (UTC)
“ | The Act applies in England and Wales and Northern Ireland, but not Scotland, which has its own rules on privity and the rights of third parties.[47] The Act came into law on 11 November 1999 when it received the Royal Assent,[2] but the full provisions of the Act did not come into force until May 2000.[54] The act made clear that contracts negotiated during a six-month "twilight period" after the act's passage fell under its provisions if they included language saying that they had been made under the terms of the act.[54]
The Act had various consequences... |
” |
This is all entirely useless. That same section then starts talking about the views of the construction industry (as if it matters?) on the Act. ("The act has been criticised somewhat by the construction industry for its refusal to make an exception for complex construction contracts,[25] and for the vagueness of the term "purports to confer a benefit". It is generally accepted, however, that it would be unfair to make an exception for a particular industry,[25] and case law has clarified the meaning of "purports to confer a benefit".[46]")
On that last point, if you look in the article itself - which should be the thing clarifying meanings - for the meaning of "purports to confer a benefit" you find this,
“ | The second situation, that a third party can enforce terms that "purport to confer a benefit on him", has been described by Meryll Dean as too broad, and one view put forward in the parliamentary debates was that it was "un-workable" in situations such as complex construction contracts involving dozens of sub-contractors with chains of contracts among them.[25] This argument, and a proposal to exempt the construction industry from the Act, was rejected by both the Law Commission and Parliament.[25] The phrase "purport to confer a benefit" was originally found in the 1937 Law Commission paper, and was used in the New Zealand Contracts (Privity) Act 1982 before it was adopted for the English Act.[26] | ” |
It doesn't tell you anything. But actually, it doesn't matter! There is no problem whatsoever in this phrase. This is just one example about how defective and riddled with mistakes, omissions, exaggeration of some parts, lack of emphasis in others. This article should not have been rated good in the first place. The reference list is adequate, but the page fails draw on those very references, or to grapple with or explain the main issues and functions of the legislation. It certainly does not deal with the details and the difficulties of the legislation. Finally, it does not actually quote any of the provisions. In a short act, this will often be useful for the reader. Again, I'm terribly sorry, but this cannot be endorsed. Wik idea 14:56, 3 March 2010 (UTC)
The tag remains, unless the page is improved, I'm afraid. We simply cannot mislead readers into thinking that this is a usable resource. Does anyone think this should be reassessed as a good article? Please don't take it personally Ironholds. I know you've put in effort, but you need more attention to detail, doctrine and case law. Wik idea 15:24, 3 March 2010 (UTC)
Re: Privity across the world, I found this (Australia) and this (Canada). This, on the other hand, is a much more recent (2007, as far a I can tell) paper on the topic. Still not a lawyer, so take it with a grain of salt since I can't very well judge how useful these articles are (especially as I'm home and can't see the full version, though I can get them at uni).
I said at the FAC I thought the legal citations were maybe a bit much, especially with the repeated links to legal citation. Having reviewed recent legal FAs, it seems clear the general approach is to not cite cases mentioned in the body of the article (except, maybe, for cases not quite notable enough to warrant articles). I'd be in favor of either deleting the articles altogether, or alternatively, moving the citation in a separate notes section titled "case citations" (I can do it without having to add a full header, see for example Otomi language). Circéus ( talk) 17:15, 7 March 2010 (UTC)
Contracts (Rights of Third Parties) Act 1999 has been listed as one of the Social sciences and society good articles under the good article criteria. If you can improve it further, please do so. If it no longer meets these criteria, you can reassess it. | ||||||||||||||||||||||
|
This article is rated GA-class on Wikipedia's
content assessment scale. It is of interest to the following WikiProjects: | |||||||||||||||||||||||||||||||
|
Can you please change this article to use this citation system? It works better this way, rather than inventing our own ones. Basically, you can drop "p." before page numbers (simpler, right?) and follow the style accurately for the list of reference sources. Wik idea 21:20, 21 June 2009 (UTC)
“ | The Act applies in England and Wales and Northern Ireland, but not Scotland, which has its own rules on privity and the rights of third parties.[47] The Act came into law on 11 November 1999 when it received the Royal Assent,[2] but the full provisions of the Act did not come into force until May 2000.[54] The act made clear that contracts negotiated during a six-month "twilight period" after the act's passage fell under its provisions if they included language saying that they had been made under the terms of the act.[54]
The Act had various consequences... |
” |
This is all entirely useless. That same section then starts talking about the views of the construction industry (as if it matters?) on the Act. ("The act has been criticised somewhat by the construction industry for its refusal to make an exception for complex construction contracts,[25] and for the vagueness of the term "purports to confer a benefit". It is generally accepted, however, that it would be unfair to make an exception for a particular industry,[25] and case law has clarified the meaning of "purports to confer a benefit".[46]")
On that last point, if you look in the article itself - which should be the thing clarifying meanings - for the meaning of "purports to confer a benefit" you find this,
“ | The second situation, that a third party can enforce terms that "purport to confer a benefit on him", has been described by Meryll Dean as too broad, and one view put forward in the parliamentary debates was that it was "un-workable" in situations such as complex construction contracts involving dozens of sub-contractors with chains of contracts among them.[25] This argument, and a proposal to exempt the construction industry from the Act, was rejected by both the Law Commission and Parliament.[25] The phrase "purport to confer a benefit" was originally found in the 1937 Law Commission paper, and was used in the New Zealand Contracts (Privity) Act 1982 before it was adopted for the English Act.[26] | ” |
It doesn't tell you anything. But actually, it doesn't matter! There is no problem whatsoever in this phrase. This is just one example about how defective and riddled with mistakes, omissions, exaggeration of some parts, lack of emphasis in others. This article should not have been rated good in the first place. The reference list is adequate, but the page fails draw on those very references, or to grapple with or explain the main issues and functions of the legislation. It certainly does not deal with the details and the difficulties of the legislation. Finally, it does not actually quote any of the provisions. In a short act, this will often be useful for the reader. Again, I'm terribly sorry, but this cannot be endorsed. Wik idea 14:56, 3 March 2010 (UTC)
The tag remains, unless the page is improved, I'm afraid. We simply cannot mislead readers into thinking that this is a usable resource. Does anyone think this should be reassessed as a good article? Please don't take it personally Ironholds. I know you've put in effort, but you need more attention to detail, doctrine and case law. Wik idea 15:24, 3 March 2010 (UTC)
Re: Privity across the world, I found this (Australia) and this (Canada). This, on the other hand, is a much more recent (2007, as far a I can tell) paper on the topic. Still not a lawyer, so take it with a grain of salt since I can't very well judge how useful these articles are (especially as I'm home and can't see the full version, though I can get them at uni).
I said at the FAC I thought the legal citations were maybe a bit much, especially with the repeated links to legal citation. Having reviewed recent legal FAs, it seems clear the general approach is to not cite cases mentioned in the body of the article (except, maybe, for cases not quite notable enough to warrant articles). I'd be in favor of either deleting the articles altogether, or alternatively, moving the citation in a separate notes section titled "case citations" (I can do it without having to add a full header, see for example Otomi language). Circéus ( talk) 17:15, 7 March 2010 (UTC)