Privity Flashcards

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1
Q

Basic rule of privity

A

Tweddle v atikson- only a person who is a party to a contract can sue under it

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2
Q

What are the 4 common law exceptions

A

1.Agency
2. Restrictive covenants that run with land
3. Damages on behalf of another
4. Collateral contracts

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3
Q

Tulk v moxhay

A

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

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4
Q

Jackson v horizon holidays

A

Damages on behalf of others, they can be claimed if its right to do so

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5
Q

Collateral contracts

A

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

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6
Q

S1 (1)(a)

A

Where a contract expressly states that a third party can enforce it (sue them)

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7
Q

S1 (1)(b)

A

Where a contract intends to confer a benefit on a third party

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8
Q

S1 (2)

A

Person A and B can exclude third party rights specifically put it in their contract

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