Privity Flashcards
1
Q
Tweddle v Atkinson
A
Facts: • Brides father agreed with grooms father he would pay £200 to the groom
• After not paying, could groom enforce promise?
Judgment: Claim failed
L.P: • third party cannot enforce contract
• consideration must move from promisee
2
Q
Nisshin Shipping Co v Cleaves
A
Facts: • D negotiated nine time charters on behalf of C
• Contract stated D was to receive a commission + contained an arbitration clause that allowed charterers to claim against owners for no commission
• C refused to pay
Judgment: Claim dismissed
L.P: • Cleaves was entitled to claim under S1 of Right to Third Parties act
