Formation - Privity Flashcards
Generally, can a person who is not party to the contract sue under the contract?
No
What is the POL from Dunlop vs Selfridge?
There was no contract between Selfridge and Dunlop. Dew bought tyres from Dunlop, agreeing not to sell below a fixed price. Sold to Selfridge on these terms but they sell on at a discount, Dunlop’s actions failed as they were not party to the contract
What is stated in the Contracts (Rights of third parties) Act 1999?
3rd party can now enforce a term in the contract if the contract contains an epress term to that effect OR the terms provides the 3rd party with a benefit. (and the parties intended it to do so)
The 3rd party must be expressly identified in the contract by name.
What is the POL from Nishhin Shipping vs Cleaves?
Clause for payment of broker in agreement who was not party to contract - able to recover under the act
What is the POL from Jackson vs Horizon Holidays?
If the 3rd party is a valid party to the contract, he has access to all remedies as the remaining parties do
What is the Agency exception to privity?
The contract can be enforced between the Principle and the 3rd party
