Section 1(1)(a) of C(RTP)A Allows a Third Party to Enforce

Multiple Choice

Section 1(1) (a) of C(RTP) A allows a third party to enforce a contractual term where the contract 'expressly provides that he may'. Section 1(1) (b) allows a third party to enforce a contractual term where the contract 'purports to confer a benefit on him', unless, according to section 1(2) , 'the parties did not intend the term to be enforceable by the third party'. Which of the following statements is false?

A) Section 1(1) (b) only applies if a term can be implied to the effect that the parties intend to confer a legally enforceable right on the third party. The test of implied terms must be satisfied.
B) Section 1(1) (b) applies whenever the contract purports to confer a benefit on the third party.
C) Where the contract is silent on third-party action, section 1(2) will not dislodge section 1(1) (b) .
D) The third party must be expressly identified although he need not be in existence at the time of the contract.