Privity Of Contract

Question 1

Dunlop v Selfridge

Answer 1

Person who is not party to the contract cannot sue / sued
(Dunlops action failed as they were not party to the contract)

Question 2

Contracts (Rights of third parties) Act 1999

Answer 2

3rd party can enforce a term, if the contract contains an express term, or provides a benefit (can sue)

Question 3

Nishhin Shipping v Cleaves

Answer 3

3rd party must be expressly identified in the contract by name
(contract between ship owners, clause for payment of broker, able to recover under act)

Question 4

Jackson v Horizon Holidays

Answer 4

If 3rd party is a valid party to contract, access to all remedies as remaining parties do

Question 5

Shanklin Pier 1951

Answer 5

Contract is endurable between Principle and Third Party
(Consideration to enforce promise consisted of causing contractors for enter contract + buy paint)