Privity Flashcards
According to Lord Haldane in Dunlop v. Selfridge, who can generally sue on a contract in English law?
Lord Haldane stated in Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co. Ltd. that only a person who is a party to a contract can sue on it.
What did Lord Haldane say about a “jus quaesitum tertio” arising from a contract in English law, as per the Dunlop v. Selfridge case
In Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co. Ltd., Lord Haldane asserted that English law knows nothing of a jus quaesitum tertio arising by way of a contract. This means a third party generally cannot acquire a right to sue on a contract they weren’t a part of
What example did Lord Haldane give in Dunlop v. Selfridge as a way a right might be conferred on a third party, although not as a direct contractual right?
In Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co. Ltd., Lord Haldane explained that such a right for a third party may be conferred by way of property, as, for example, under a trust.
According to Lord Haldane in Dunlop v. Selfridge, can a stranger to a contract enforce it “in personam”?
Lord Haldane clarified in Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co. Ltd. that a right to enforce a contract cannot be conferred on a stranger to a contract as a right to enforce the contract in personam (against the person). The right to enforce belongs to the contracting parties themselves.
Who was probity defined in the case of Tsatsu Tsikata v Tullow Ghana
“Privity refers to the rule that a contract can only impose rights and obligations on persons who are party to it.”
What is an exception to the general rule on probity as purported in the case of Tsatsu Tsikata v Tullow
“An exception to the rule is where the contract indicated an intention to confer an enforceable legal obligation.” This is the crucial part where the statement acknowledges a departure from the strict privity rule. It suggests that if the contracting parties clearly demonstrate an intention within their agreement to create a legally enforceable right for a specific third party, then that third party might be able to sue on the contract, despite not being an original party to it.
