Contract - Privity of Contract

Question 1

Tweddle v Atkinson

Answer 1

Cannot sue on a contract if you are not a party to it

Question 2

DunlopPneumatic Tyres

Answer 2

Consideration must move from the promisee

• not a party
• no consideration provided
  = cannot sue on contract

Question 3

Jackson v Horizon Holidays

Answer 3

In consumer cases where intended to benefit others is possible to claim on contract on the behalf of others

Supported by Linden Gardens Ltd - where damage caused is reasonably foreseeable that could cause a loss to a later owner, and no remedy is provided, parties are treated as if entered into the contract on the basis of the original owner. Can therefore sue on the contract for the benefit of later owners.

Question 4

Shanklin Pier v Detel

Answer 4

Collateral contracts can exist with the main contract due to a oral statement

In this case the paint used would be suitable for the job required even though used by contracted painters and not Detel directly.

Question 5

The Act - s1(1)(a)

Answer 5

Rights expressly conferred - party can enforce

Question 6

The Act s1(1)(b)

Answer 6

Impliedly conferred. S1(2) must also be used, - the rebuttable presumption unless evidence otherwise.

Question 7

Nisshin Shipping

Answer 7

Nothing to show that the parties did not intend to confer a rights on third party s1(1)B) applied.

Question 8

Leamthong Glory

Answer 8

Confirmed Nisshin

Question 9

s1(3) - s1(7)

Answer 9

powers of third parties the same as original.

Question 10

s2(1) -2(3)

Answer 10

not possible to vary if 3rd party communicates assent, if promisor knows third partyhas relied on them and where the third party has relied on it.

Question 11

s2(3)a)

Answer 11

parties can override s2(1) by an express term