Prvity Flashcards
Side
No reform
Justice
Fair
Good
Intro
Based on Dunlop pneumatic tyre V selfridges
Not fair to bind others into contract
Based on consideration rule that promise must pass form promisee to promisor- tweddle V atikinson
Paragraphs
Collateral contracts
Just to exclude person from benefits where it’s known to be made on behalf of
Just for someone to benefit without bearing responsibility
Restrictive covenants
Reforms
Reform
Remove restrict covenants from land
Create act - separation of powers
Allow person made on behalf of to benefit and make it so cannot claim benefit is not responsible
P1 collateral contract
Case explain
Shankin peri V detel
Paint purchased was faulty, pier sued painter yet collateral contract with painter and detel so even though detel were not pricey the pier had contract with detel
P1
Collateral contract
Just
Ensures that detel are held accountable and that the painter is not liable for detel mistakes
P2 - just to exclude someone from benefits if contact is made on behalf of
Case explain
Tweddle V aitkenson - 2 dads agree to pay amount of child wedding but 1 dad died before he could pay and other father died so could not sue
P2 - exclude person from benefit even when made on behalf of
Loss case as even on behalf of he was not privy
Just as consistent and obvious rule
However for p 2
Cannot benefit even when on behalf off
Unfair - strict rule that is inflexible
Ignored intent
P3
Just for someone to benefit from agreement without being responsibly
Case
Jackson V horizon holidays
Dad book holiday that was so poor he sued and his entire family could recover damages despite contract only being between dad and hotel
P3
Benefit from contract without bearing responsibility
Fair as family member expeicned the holiday so we’re effected by the contract
P3
Benefit from not privy too
However
Unfair as they cannot be sued under it so should not be able to bear benefits without having risk of being sued
P4 restrictive convenats
Tulk V moxhay
Run with land not the owner of the property so bound by contract they are not privy too
This creates justice as it ensures the protection of the land and ensures that the purpose of the contract is furfilled
P4 restrictive covenants
However
Unfair and subsequent purchaser of land is not privy to contract and should not be bound by it. Contract between previous seller should only apply to them
