Transferred Loss

Claiming Third Party Loss in Contract Law

By Hannes Unberath

Sometimes a breach of contract causes loss to a third party. This book takes a comparative approach to the question of when the third party can recover that loss directly, and of when the promisee can recover it. The second issue has arisen in carriage of goods, bailment, insurance and agency, and it is becoming increasingly significant in construction law, as the recent decision in Alfred McAlpine Construction Ltd v. Panatown Ltd shows. The principal aim is to clarify whether and when a promisee is allowed to recover damages on behalf of a third party. The book also examines the impact of the Contracts (Rights of Third Parties) Act 1999 and recent judicial decisions seeking to increase the protection of the interest in the performance of the contract.


252 pages

Publication Date: 4/7/2003
Format: Cloth
ISBN: 9781841133706