privity Flashcards

1
Q

What is the defintion of privity

A

only those who are parties to a contract are bound by it and can benefit from it

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2
Q

what does the contracts rights of a third parties act 1999 state that is an exception

A
  • the third party is expressly indentified by name/class of people
  • the contract expressly states that the third party can enforce a contract.
  • the contract term conferfs a benfit of the term on a third party

Beswick v Beswick

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3
Q

What was stated in jackson v Horizon Holidays

A

when a contract is made for the benefit of others, those poeple can indireclty benefit from the contract

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4
Q

what does shanklin pier ltd v detel products ltd state about collateral contracts

A

If one party makes a promise or assurance that induces another party to enter into a contract with a third party, that promise can be legally enforceable as a collateral contract.

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5
Q

what is the definition of a restrictive covenants

A

an agreement between landowners where one party will restrict the use of its land in some way for the benefits for the othetrs land

Tulk v Moxhay

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