It is also worth pointing out that he may also be able to being an action in contract, if the Contract (Rights of Third Parties) Act 1999 applies, and this may be advantageous since it does not require proof of fault. Whether the 1999 Act applies when looking at the issue of the ratio, it is quite sufficient to say that if, on the rules that Benny is the consumer so he can claim that as a result of the Contracts (Rights of Third Parties) Act 1999, the Act does apply, Benny will have a claim, and if it does not apply, he will not.