Privity

Question 1

Only a person who is a party to a contract can sue on it

Answer 1

Tweddle v Atkinson

Question 2

Common law exceptions - agency

Answer 2

Law treats the agent and the principal as the same person (agent makes contract on behalf of principal)

Question 3

Common law exceptions 1 Restrictive covenants that run with land

Answer 3

Tulk v Moxhay
They are linked to property/land not contracts

Question 4

Contract was made for the whole family so damages could be claimed for whole family - exception (Lord Denning)

Answer 4

Jackson v Horizon Holidays

Question 5

Collateral contracts have 3 things to prove

Answer 5

1. there are 2 contracts in existence
2. the second contract was made specifically because of the first contract
3. the second contract involved a guarantee of quality to the party trying to sue

Question 6

Collateral contracts

Answer 6

Shanklin Peir v Detel products

Question 7

where contract expressly states that a third party can enforce it (identifies people who can sue under it even if no consideration given)

Answer 7

Contracts (rights of third parties) Act 1999 - S1(1)(a)

Question 8

where contract purports to confer a benefit on a third party (suggest a third party should have rights under it)

Answer 8

Contracts (rights of third parties) Act 1999 - S1(1)(b)

Question 9

2 people can exclude third party rights in their contract if they specifically say this

Answer 9

Contracts (rights of third parties) Act 1999 - S1(2)

Question 10

S1(1)(b) case

Answer 10

Nisshin Shipping v Cleaves