U4B: Formation: Privity Flashcards
What is ‘the general rule’ of claiming privity?
-Only those party to a contract can enforce and benefit from it
What is a case example for the the general rule for Privity?
-Dunlop V Selfridge
What is exception (1) to Privity?
-Where you would expect one party to make a contract on BEHALF of themselves AND others
What is a case example a contract being made on behlaf of themselves and others in privity?
-Jackson V Horizon Holidays
What is exception (2) to Privity?
-When a person is acting as an AGENT for another
What is a case example for people acting as an agent for another in privity? (2)?
-Scruttons V Midland Silicones
What is exception (3) to Privity?
-When a collateral contract has been formed
What is a case example for collateral contracts in privity?
-Shanklin Pier v Detel Products
What is exception (4) to Privity?
- Restrictive Covenants
- When a promise to NOT do something moves with the LAND rather than the OG parties
What is a case example for Restrictive Covenants?
-Tulk v Moxhay
What is a way of avoiding Privity?
-When a person is named so that they can benefit from the contract
even though they didn’t make the contract themselves
What is the statue for when a third party is named to benefit from the contract?
- Contracts (Rights of Third Parties) Act 1999
