Singapore legislation

Section 7

of Contracts (Rights of Third Parties) Act 2001

Section 7

Exceptions

Amended by5/20055/20215/2021

(1)

Section 2 does not confer any right on a third party in the case of a contract on a bill of exchange, promissory note or other negotiable instrument.

(2)

Section 2 does not confer any right on a third party in the case of any contract binding on a company and its members under section 39 of the Companies Act 1967.

(3)

Section 2 does not confer any right on a third party in the case of any registration document of a limited liability partnership registered under the Limited Liability Partnerships Act 2005 or any limited liability partnership agreement as defined in that Act.

Amended by5/2005

(4)

Section 2 does not confer any right on a third party to enforce any term of a contract of employment against an employee.

(5)

Section 2 does not confer any right on a third party in the case of —

(a)

a contract for the carriage of goods by sea; or

(b)

a contract for the carriage of goods by rail or road, or for the carriage of cargo by air, which is subject to the rules of the appropriate international transport convention,except that a third party may in reliance on that section avail the third party of an exclusion or limitation of liability in such a contract.

(6)

In subsection (5) —

Amended by5/2021

Definition

“appropriate international transport convention” means —

(a)

in relation to a contract for the carriage of cargo by air, the Convention which has the force of law in Singapore under section 3 of the Carriage by Air Act 1988;

(b)

in relation to a contract for the carriage of goods by rail, such Convention which has the force of law in Singapore under such written law as the Minister may by order prescribe; and

(c)

in relation to a contract for the carriage of goods by road, such Convention which has the force of law in Singapore under such written law as the Minister may by order prescribe;

Definition

“contract for the carriage of goods by sea” means a contract of carriage —

(a)

contained in or evidenced by a bill of lading or sea waybill; or

(b)

under or for the purposes of which there is given an undertaking which is contained in a ship’s delivery order.

Amended by5/2021

(7)

For the purposes of subsection (6), “bill of lading”, “sea waybill” and “ship’s delivery order” have the meanings given by the Bills of Lading Act 1992.

Amended by5/2021