Privity

Question 1

Common law regarding 3rd parties

Answer 1

3rd parties have no rights over a contract even if they have interest in the contract.

Question 2

Exceptions to the common law

Answer 2

Road Traffic Act 1988, Married Women’s Property Act 1882

Question 3

Statute to enable 3rd parties to enforce terms

Answer 3

Contracts (Rights of 3rd Parties) Act 1999

Question 4

Elements of privity

Answer 4

3rd party is expressly identified in contract.

Contract expressly states that the 3rd party may enforce the contract

Contract shows the party is getting something (Nisshin Shipping v Cleaves)

Question 5

Nisshin Shipping v Cleaves

Answer 5

Contract shows the party is getting something.

Question 6

For a 3rd party to have rights over the contract, they must be ____

Answer 6

Expressly identified in the contract.

Question 7

For a 3rd party to have rights over the contract, contract must expressly state that ____

Answer 7

The third party may enforce the contract.