Privity Flashcards
Basic rule of privity
Tweddle v atikson- only a person who is a party to a contract can sue under it
What are the 4 common law exceptions
1.Agency
2. Restrictive covenants that run with land
3. Damages on behalf of another
4. Collateral contracts
Tulk v moxhay
Restrictive covenants run with the land so even if its a new owner who doesn’t have a agreement they still have to follow the restrictive covenants
Jackson v horizon holidays
Damages on behalf of others, they can be claimed if its right to do so
Collateral contracts
Shanklin v pier
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 trying to sue
S1 (1)(a)
Where a contract expressly states that a third party can enforce it (sue them)
S1 (1)(b)
Where a contract intends to confer a benefit on a third party
S1 (2)
Person A and B can exclude third party rights specifically put it in their contract