Privity Flashcards
what’s privity
to be party to a contract
what does privity mean in practice
if you are not party to a contract you cannot sue/ be sued on the terms
3rd partys cannot enforce a contract
what dose privity reflect
freedom of contract
give a case for privity as a whole
Dunlop v selfridge
what maxim of consideration is privity reflected in
‘consideration must move from the promissee’
tweedle v atkinson
what is privity criticised for
preventing justice
give a case to show privity preventing justice
Beswick
give a case where the courts have found a way arround privity
jackson v horizon holidays
what are the 4 exceptions to privity
the contracts (rights of 3rd party) act 1999
agency
collateral contracts
restrictive covenant
what does the contracts (right of 3rd parties) act 1999 allow
a 3rd party to enforce a contractual right
what are the rules for a 3rd party to enforce a contractal right (from the act)
-third party must be named in the contract AND
-contract has express terms allowing 3rd parties to enforce the contract OR
-the contract intends to benifit 3rd party
what is an agent
someone authorised to contract on behalf of principle
what is the person granting agency bound by
the contract created by the agent
what is a collateral contract
a 2nd contract
possibly inducing a person to enter into a main contract
dependant on the main contract
give a case for collateral contracts
shanklin pier v detel products
