Prvity

Question 1

How does Dunlop V Selfridge define privity?

Answer 1

generally, contract only enforceable by the parties to that contract so only they can sue

Question 2

What case shows that consideration must move from the promisee?

Answer 2

Tweedle V Atkinson

Question 3

What does the Contract (Rights of 3rd Parties) Act 1999 do ?

Answer 3

give people the right to sue who aren’t party to a contract but would’ve benefited from it

Question 4

Under what sections are these certain rights to enforce this act ?

Answer 4

s.1(1)(a)
s.1(1)(b)
s.1(3)

Question 5

What does s.1(1)(a) say for a 3rd P to claim ?

Answer 5

this is when the contract expressly states the 3rd P shall have such a right to enforce it

Question 6

What does s.1(1)(b) say ?

Answer 6

where the contract purports or benefits the 3rd party

Question 7

What does s.1(3) say ?

Answer 7

3rd p must be expressly named or fit a particular description mentioned i. the contract

Question 8

Where does it say that if exclusion for something is expressly stated in the contract then the act can’t be used?

Answer 8

s.1(2) Consumer (R3P) Act 1999

Question 9

What are the common law exceptions of privity?

Answer 9

Collateral contracts
Agency
Restrictive covenant
Special cases

Question 10

What is a collateral contract ?

Answer 10

a second contract that runs alongside main one which could avoid privity

Question 11

What happened in Shanklin Pier V Detel Products Ltd. ?

Answer 11

second contract that the paint would last 7-10 years alongside main contract