Chapter 1 Flashcards
What is the definition of a contract?
A contract is an agreement that gives rise to obligations and which is enforceable and recognised by law
Which act supports a contract can be made anywhere and in any circumstances?
Machines v Gross 2017
What are the 3 essential elements to a valid contract?
Agreement - an offer and acceptance
Consideration- both parties just add value to the contract
Intent- intention from both parties to create legal relationship
Definition of PRIVITY OF CONTRACT
Generally only the parties to a contract are bound by it
What does Dunlop pneumatic tyre co ltd v selfridge and co ltd 1915 evidence
A stranger to a contract cannot sue or be sued by it
What does tweedle v Atkinson 1861 evidence
When a groom tried to sue the father of the bride because the father of the groom died before he could pay the father of the bride money in an agreed contract. Groom tried to sue father of the bride by failed as wasn’t party to the agreement
What is C (RTPA) 1999
Contract rights to third parties act 1999
S7 (1) of C(RTTPA) 1999 states…
New law will work alongside existing law
S1of C(RTTPA) 1999 states…
Third party is entitled to enforce a contract if the contract explicitly says so
or there is a confer to benefit
S1 (2) of C(RTTPA) 1999 states…
Third party can not enforce if parties to contract did not intend third party to enforce
S1 (3) of C(RTTPA) 1999 states…
Third party must be named / fit a description for it to be enforceable
Which case states language used was not precise enough to determine the third parties rights?
Avraamides v Colwill 2006
Which case overruled the ruling of Avraamides v Colwill 2006?
Chudley v Clydesdale bank plc 2017 - judge ruled third party could be determined by the interpretation of the contract terms
