Privity

Question 1

What is the first limb of the doctrine of privity?

Answer 1

Benefit limb. Only a party to a contract may sue on the contract

Question 2

What is the second limb of the doctrine of privity?

Answer 2

Burden limb. Only a party to a contract may be sued on the contract

Question 3

Key Provisions of the Act

Answer 3

s12, s13, s14, s17

Question 4

What does s12 state

Answer 4

Deeds or contracts for the beneficiaries

Question 5

What does s13 state

Answer 5

Intention to create legal obligation

Question 6

What does s17 state

Answer 6

Enforcement by the beneficiary

Question 7

What does s14 state

Answer 7

Limitation on variation or discharge of promise

Question 8

Case ruled enforceable for benefit limb

Answer 8

Jackson v Horizon Holidays (Bad holiday)

Question 9

Case ruled unenforceable for benefit limb

Answer 9

Tweedle v Atkinson (Bride and Groom Fathers)

Question 10

Case for burden limb

Answer 10

Dunlop v Selfridge (Tyre sale)

Question 11

Case for definition of nominee to be used in s12, 13 and 17

Answer 11

Rattrays v Meredyth (Supermarket sale to nominee)

Question 12

Case using Rattrays precedent

Answer 12

Laidlaw v Parsonage (House sale to nominee)