Formation of Contract: Privity

Question 1

Dunlop Pneumatic Tyre Co. Ltd. v Selfridge and Co.

Answer 1

• As Dunlop was not a party to the contract between Dew and Selfridge it could not sue Selfridge for selling below the agreed price.

Question 2

Jackson v Horizon Holidays Ltd.

Answer 2

• It would be unfair to limit the award of damages to Mr Jackson. The claims of his family were allowed even though, they were not parties to the holiday contract.

Question 3

Shanklin Pier Ltd. v Detel Products Ltd

Answer 3

• There was found to be a collateral contract between them to the effect that the paint would last for seven kings.

Question 4

Tulk v Moxhay

Answer 4

• The covenant had run with the land and Moxhay was bound by it.

Question 5

Beswick v Beswick

Answer 5

• As the aunt was not a party to the contract as there was no privity of contract.