privity Flashcards
What is the defintion of privity
only those who are parties to a contract are bound by it and can benefit from it
what does the contracts rights of a third parties act 1999 state that is an exception
- 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
What was stated in jackson v Horizon Holidays
when a contract is made for the benefit of others, those poeple can indireclty benefit from the contract
what does shanklin pier ltd v detel products ltd state about collateral contracts
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.
what is the definition of a restrictive covenants
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