Privity Of Contract

Question 1

Case that demonstrates privity of contract

Answer 1

Dunlop 1915

Question 2

Dunlop 1915

Answer 2

Only those who are parties to a contract are bound by it and can benefit from it

Question 3

Jackson v Horizon Holidays 1975

Answer 3

where the contract was entered into by one party on behalf of a listed group of people, damages can be claimed by this party for the whole group

Question 4

where the contract was entered into by one party on behalf of a listed group of people, damages can be claimed by this party for the whole group

Answer 4

Jackson v Horizon Holidays 1975

Question 5

a party to a contract can sue a third party who gives a warranty to the other contracting party, as it forms a collateral contract

Answer 5

Shanklin Pier v Detel Products

Question 6

Shanklin Pier v Detel Products

Answer 6

a party to a contract can sue a third party who gives a warranty to the other contracting party, as it forms a collateral contract

Question 7

Tulk v Moxhay

Answer 7

In contracts for the sale of land, a restrictive covenant (one party restricts the use of the land in some way) binds all subsequent purchasers to it

Question 8

In contracts for the sale of land, a restrictive covenant (one party restricts the use of the land in some way) binds all subsequent purchasers to it

Answer 8

Tulk v Moxhay

Question 9

Third party must be expressly identified in the contract to enforce it

Answer 9

S.1(3) of Contracts (Rights of Third Parties) Act 1999

Question 10

S.1(3) of Contracts (Rights of Third Parties) Act 1999

Answer 10

Third party must be expressly identified in the contract to enforce it

Question 11

S.1(2) of Contracts (Rights of Third Parties) Act 1999

Answer 11

Parties must intend the contract to be enforceable by the third party

Question 12

Parties must intend the contract to be enforceable by the third party

Answer 12

S.1(2) of Contracts (Rights of Third Parties) Act 1999