2 Variation and rescission of contract

2  Variation and rescission of contract

(1)     Subject to the provisions of this section, where a third party has a right under section 1 to enforce a term of the contract, the parties to the contract may not, by agreement, rescind the contract, or vary it in such a way as to extinguish or alter his entitlement under that right, without his consent if—

(a)     the third party has communicated his assent to the term to the promisor,

(b)     the promisor is aware that the third party has relied on the term, or

(c)     the promisor

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