Privity

Question 1

What is privity?
- cases

Answer 1

A contract can only be enforced by/against the parties to the contract
- Tweedle v Atkinson

Question 2

When are there exceptions to the rule of Privity?
What are these?

Answer 2

Where the rule of privity is unjust, there are common law exceptions.
- Agency
- Restrictive Covenants
- Collateral Contracts

• statutory exceptions

Question 3

Explain Agency?
- cases

Answer 3

A contracting party may sue on behalf of another who was intended to benefit from the contract
- Jackson v Horizon Holiday’s

Question 4

Explain Restrictive covenants
- cases

Answer 4

Binds purchaser of land to not do something on the land
- Tulk v Moxhay

Question 5

Explain Collateral Contracts
- cases

Answer 5

Courts may find a second contract alongside main one to avoid strict rule of privity
- Shanklin Pier v Detel Products

Question 6

Where are statutory exception allowed?
What is the statutory exception?
- supporting case

Answer 6

When party identified to benefit from contract cant sue under the common law exceptions.

• The contracts (Right of third party) Act 1999
• Nisshin Shipping v Cleaves