privity

Question 1

what is the rule of privity of contract

Answer 1

is that the only parties to and against the contract can can enforce the contract Dunlop v Selfridges beswick v beswick this comes from the need to give consideration tweedle v atkinson

Question 2

there are exceptions to this rule

Answer 2

under the contracts act 1999. S.1 allows a third party to enforce a contract if s1(1)(a) the right was expressly stated in the contract, s1(1)(b) if they can claim a benefit from the contract Nishin v cleaves

Question 3

s1.(2) states

Answer 3

that the third party cannot enforce the contract if the parties didnt intend them to Prudential v ayers

Question 4

s.1(3) states that the

Answer 4

third party must be mentioned by name, a member of a class or matching a description

Question 5

s.2 if a third party has a right under

Answer 5

s.1 to enforce the contract, the parties may not manipulate it in anyway to take away the right

Question 6

s3 allows

Answer 6

the parties to have a defence against the third party

Question 7

case law provides more special case exceptions

Answer 7

a collateral contract shanklin piers v detel. a restrictive covenant tulk v mohxhay. a agency agreement made on behalf of a client. a contract made by one member of a family on behalf of their family jackson v horizon holidays