Privity Flashcards
Probity Based on what
Consideration rule that consideration must move from promisee to promisor
Tweddle V atikenson
Rule of privity
Contract cannot confer rights not impose obligations on someone who is not party to a contract
Case for privity
Dunlop pneumatic tyres V selfridges
Idea of privity
A contract between A and B cannot result in C claiming
Benefiting from contract they are not party too
Jackson V horizon holidays
Allowed when one person is expected to make contract on behalf or self and others
Contrast of benefitting
Tweddle V Atkinson
Cannot benefit from contract you are not party too as no consideration
Where will privity not apply
Agency
Collateral contract
Restrictive covenants
What is restrictive covenants
Where contact runs with the land and subsequent purchasers are bound by it even though not privy to same contract with previous buyer
Restrictive covenants case
Tulk V moxhay
What is collateral contract
Where courts find a secondary axon tract running alongside main agreement
Collateral contract case
Shanklin pier V detel products
Statutory except act
Rights of third party - 1999
Sections of right of third party
Third party may enforce own right if
1.A Contract expressly provides that he may
1.b benefit in him
2 states that benefit can only be claimed when intended to be enforceable by third party
- Expressly indentify third party in contract
1.a
Contract expressly provides that third party may enforce term
1.B
Benefits 3rd party
