Be In, Inc. v. Google Inc. et al

Filing 64

MOTION to Dismiss First, Third, and Fourth Causes of Action of The Second Amended Complaint filed by GOOGLE UK LTD., Google Inc., YouTube, LLC. Motion Hearing set for 11/21/2013 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 7/25/2013. Replies due by 8/1/2013. (Attachments: # 1 Declaration of Colleen Bal ISO Motion to Dismiss, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order re Motion to Dismiss)(Bal, Colleen) (Filed on 7/11/2013) Modified text on 7/12/2013 (dhmS, COURT STAFF).

EXHIBIT C

Page1

Status:

Law In Force

Contracts (Rights of Third Parties) Act 1999 c. 31
This version in force from: November 11, 1999 to present
(version 1 of 1)

1.— Right of third party to enforce contractual term.
(1) Subject to the provisions of this Act, a person who is not a party to a contract (a “third
party”) may in his own right enforce a term of the contract if—
(a) the contract expressly provides that he may, or
(b) subject to subsection (2), the term purports to confer a benefit on him.
(2) Subsection (1)(b) does not apply if on a proper construction of the contract it appears that
the parties did not intend the term to be enforceable by the third party.
(3) The third party must be expressly identified in the contract by name, as a member of a
class or as answering a particular description but need not be in existence when the contract
is entered into.
(4) This section does not confer a right on a third party to enforce a term of a contract
otherwise than subject to and in accordance with any other relevant terms of the contract.
(5) For the purpose of exercising his right to enforce a term of the contract, there shall be
available to the third party any remedy that would have been available to him in an action for
breach of contract if he had been a party to the contract (and the rules relating to damages,
injunctions, specific performance and other relief shall apply accordingly).
(6) Where a term of a contract excludes or limits liability in relation to any matter references
in this Act to the third party enforcing the term shall be construed as references to his
availing himself of the exclusion or limitation.
(7) In this Act, in relation to a term of a contract which is enforceable by a third party—
“the promisor” means the party to the contract against whom the term is enforceable by
the third party, and
“the promisee” means the party to the contract by whom the term is enforceable against
the promisor.
Crown Copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland

Subject: Contracts
Keywords: Breach of contract; Enforcement; Interpretation; Remedies; Third party rights