Contract and Commercial Law Act 2017

Contracts legislation - Contractual privity

17: Enforcement by beneficiary

You could also call this:

“How you can make someone keep a promise they made about you in a contract”

If someone promises to do something for you in a contract or deed, even if you’re not officially part of that contract or deed, you can still make them keep their promise. You can do this just as if you were part of the contract or deed.

If you try to make someone keep their promise to you, they can’t refuse by saying you’re not part of the contract or deed. They also can’t refuse by saying you didn’t give them anything in return for their promise.

If someone doesn’t keep their promise to you, you can ask for different types of help from the court. You might be able to get money, make them do what they promised, or stop them from doing something they shouldn’t.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6844069.


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"Court can allow changes or cancellations to promises or duties"


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Part 2 Contracts legislation
Contractual privity

17Enforcement by beneficiary

  1. The obligation imposed on a promisor by section 12 may be enforced by the beneficiary as if the beneficiary were a party to the deed or contract.

  2. Relief in respect of the promise may not be refused on the ground—

  3. that the beneficiary is not a party to the deed or contract in which the promise is contained; or
    1. that, as against the promisor, the beneficiary is a volunteer.
      1. In subsection (2), relief includes damages, specific performance, or an injunction.

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