Privity Of Contract (Paper 3-Section B Topics 1-4) Flashcards
In what case was the concept of privity set out in?
Dunlop v Selfridge
Give the held of: Dunlop v Selfridge
As Dunlop were not a party to the contract between Dew and Selfridge and weren’t permitted to sue
Give the held of: Beswick v Beswick
The aunt was unable to claim and she wasn’t a party to the agreement
Privity is based on what rule?
That consideration must move from the promissee
Give the held of: Tweedle v Atkinson
The claim failed as the groom wasn’t a party to the contract and the consideration didn’t move from him
Give the held of: Jackson v Horizon Holidays Ltd
The court allowed Mr. Jackson to claim damages
Name the general exceptions of privity
Collateral Contracts
Agency
Restrictive covenants
Statutory Exceptions
What are collateral contracts?
An agreements which runs alongside main agreement. Either induce a party intro agreement or it can be a term that has to be followed in original contract
Give the held of: Shanklin Pier v Detel
The collateral contract meant that the company could still claim as there was consideration
Give the law around the agency exception of privity
The principle is still bound by the terms of contract even though they didn’t make it.
What is restrictive covenant?
When land is purchased the seller and purchaser can form an agreement regarding what can be done on the land
Give the held of: Tulk v Moxhay
Tulk could enforce convening even though there wasn’t a direct contract between them
What are the Acts under Statutory exceptions in privity ?
Married Woman’s Property Act 1882
Road Traffic Act 1991
Contracts (Right of Third Parties) Act 1999
What does the Married Woman’s Property Act 1882 state?
Gives women the right to the family property when their husband dies
What does the Road Traffic Act 1991 state?
An individual can enforce an insurance policy even if they aren’t an original party
