Privity of contract Flashcards

1
Q

Tweedle V Atkinson

A

only a person who is party to a contract can sue under it

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2
Q

what are the exceptions to Tweedle V Atkinson (4)

A
  1. Agency
  2. Restrictive covenants that run with land
  3. Damages on behalf of another
  4. Collateral contracts
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3
Q

agency

A

someone who enters into a contract on your behalf eg an estate agent

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4
Q

restrictive covenants that run with land definition and case

A

promises not to do something on the land
Tulk V Moxhay

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5
Q

damages on behalf of another case

A

Jackson V Horizon holidays

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6
Q

Collateral contracts and case

A

A and B enter a contract, B enters a contract with C specifically and as a direct direct result of the contract between A and B
Shanklin pier V Detel products

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7
Q

exceptions under the contracts (rights of third parties) act (2) and case

A
  1. where the contract expressly states a 3rd party that can sue under it
  2. where the contract intends to confer a benefit on a third party
    Nisshin shopping V Cleaves
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