Privity

Question 1

What is meant by privity?

Answer 1

Only those who are parties to a contract are able to be sued or can sue a party. This was clearly shown in Dunlop v Selfridge

Question 2

Statute Exceptions - Contracts Rights of third Parties Act 1999

Answer 2

1) A third party is expressly identified by name or a member of a class
2) A contract expressly provides that the third party may enforce the contract
3) The term is an attempt to confer the benifit of the berm on the third party

Question 3

Berwick v Berwick

Answer 3

The aunty had no right to sue her nephew for the £5 per week as she was not a party to the contract.

Question 4

Common law exception - Agency

Answer 4

A person will be bound by a contract, even if they get someone or an agency to do it on their behalf.

Question 5

Common Law Exception - Collateral Contract

Answer 5

Detel - A supplier can be liable for a contract if they are relied upon for it to be carried out

Question 6

Common Law Exception - Restrictive Covenants

Answer 6

Tulk - A person buying land must adhere to agreements made for the land by previous owners