Privity- cards checked Flashcards
What is meant by privity of a contract?
-only those in contact are bound by it and can benefit from it.
-a 3rd party cannot enforce/benefit/claim rights.
Which cases regard privity? (strict application)
-Beswick V Beswick
-Dunlop V Selfridge
Beswick V Beswick?
-A widow could not enforce/benefit from a contract which had been made between her late husband and nephew.
-strict application of privity.
Dunlop V Selfridge?
-Dunlop sold to X on basis he wouldn’t sell to anyone else for less than agreed price.
-anyone who sold them to agree to do the same
-X sold them to Selfridges who sold for less
-Dunlop could not sue Selfridge because no privity and Dunlop not a party to the contract.