Page:Contracts (Rights of Third Parties) Act 2001.pdf/7

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8
NO. 39 OF 2001


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

(4) Section 2 shall 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 himself of an exclusion or limitation of liability in such a contract.

(5) In subsection (4)—

"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 (Cap. 32A);
(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;
"contract for the carriage of goods by sea" means a contract of carriage—
(a) contained in or evidenced by a bill of lading, sea waybill or a corresponding electronic transaction; or
(b) under or for the purposes of which there is given an undertaking which is contained in a ship’s delivery order or a corresponding electronic transaction.

(6) For the purposes of subsection (5)—

(a) "bill of lading", "sea waybill" and "ship’s delivery order" have the same meanings as in the Bills of Lading Act (Cap. 384); and
(b) a corresponding electronic transaction is a transaction within section 1 (5) of the Bills of Lading Act which corresponds to