Privity

Question 1

Privity rule

Answer 1

Only parties to contract can enforce it

Strict app

Unness obstacles in way of third party

CRTPA1999 introduced

Question 2

Dunlop pneumatic v self ride 1915

Beswick 1967

Answer 2

Harsh rule seen

Question 3

Problems with rule

Answer 3

No consideration no valid contract
Tweedle Atkinson 1861

SGA implied terms
Tort expanded - don v Stevenson 1932
A only recover own loss
Can’t compel to hand over

Question 4

CRTPA 1999

Answer 4

S1 rebuttable presumption if contract appears to confer benefit on third party benefit presumed to be enforced by that third party - nisshin shipping co v cleves 2004