privity (contract) Flashcards
when cant you sue
when it has not been written in the contract
Dunlop v Selfridges
dew brought tyres from Dunlop and agreed not to sell at the fixed price. they sold it to Selfridges at a discounted price. Dunlop was not part of their contract so cant sue.
statutory expections
3rd party motor insurance
nisshin shipping v cleaves
contract (right to third party) act 1999- can be enforced if the contract is a benefit to the third party
dolphin & maritime v sveriges
if they have been expressed in the contract as a third party.
collateral contract- shanklin pier
consideration to enforce as caused 3rd party to enter contract.
exception to privity
agency contracts an be enforced between principles + 3rd party.