Privy to a Contract^

Question 1

Tweedle V Atkinson

Answer 1

only those who are parties to the original contract can claim rights under that contract.
even if it was made for someone else’s benefit
- Would have been different under the Contracts (Rights of Third Parties) Act 1999

Question 2

Jackson V Horizen Holidays

Answer 2

J able to claim benefits from the contract for the rest of his family even though they weren’t part of the original agreement

Question 3

Dunlop V Selfridge

Answer 3

shows how privity to a contract makes sense as it will be unfair for a company to be sued when they did not make the agreement

Question 4

Agency

Answer 4

common law exceptions
An agent is authorised to make an agreement on behalf of another party
so they can claim rights for that agreement

Question 5

Collateral Contract

Answer 5

common law exceptions
separate agreement made alongside the original agreement

Question 6

Shanklin Pier V Detel Products

Answer 6

example of collateral contract
separate agreement alongside the original agreement

Question 7

Restrictive Covenants

Answer 7

common law exceptions
Issues with land only
Restrictions placed on land, stay with it even if the occupier changes

Question 8

Tulk V Moxhay

Answer 8

a term of the agreement for the sell of land that stays with the land

Question 9

Contracts (Rights of Third Parties) Act 1999

Answer 9

third parties can claim right if:
- they are expressly names or match a description in the agreement
- It is expressed that they should be able to claim rights under the agreement
- The agreement is made for their benefit

Question 10

Beswick V Beswick

Answer 10

outcome of would be different after the introduction of the act
- aunt not being considered as a part of the contract even though she was identified