Today's post might be better titled "You don't know what you don't know".
The story goes something like this:
The third party can't pursue you because it isn't a party to the contract, right? wrong.
Section 55 of the Property Law Act in Queensland allows the third party to enforce its rights against you and to protect its goodwill provided all of the criteria in the section are met.
Obviously if you are the third party then you would be more than happy to find out that you may have rights to protect your interests in this scenario.
So why is this sneaky? Well it may apply to all contracts in Queensland not just contracts relating to property. So if you didn't know about it you may either be taken by surprise or may miss out on protecting your rights (depending upon who you are in the scenario).
As always you should seek legal advice for your own circumstances.
|Tags: Leases Business Franchisee Franchisor|
Liability limited by a scheme approved under professional standards legislation
Brisbane Office Address: Level 36, Riparian Plaza,
71 Eagle Street, Brisbane,
Queensland, Australia, 4001
Phone: (07) 3087 3493
Gold Coast Office Address: PO Box 428,
Queensland, Australia, 4210
Phone: (07) 5529 8803