Privity

Question 1

Tweddle v Atkinson

Answer 1

No one other than the promisee can be bound by a contract- the person who gave consideration

Question 2

Common law exception: agency

Answer 2

Where an agent is authorised to make a contract on behalf of another person, the agent is ignored and the contract is between the principle and end party

Question 3

Common law exception: Tulk v Moxay

Answer 3

Restrictive covenants that run with land (promises not to do something on the land) apply to whoever owns the land regardless of if they are the one to make the contract

Question 4

Jackson v Horison Holidays

Answer 4

If contract has been made on behalf of others, damages can be claimed on behalf of each of those people as appropriate

Question 5

Shanklin pier v Detel Products

Answer 5

Shows collateral contracts
Person makes contract with another party. That party makes a second contract with another party specifically due to the first contract. The original person can sue person from second contract if they made a guarantee of quality

Question 6

S1(1)(a)

Contracts (Rights of third parties) Act 1999

Answer 6

Third party can enforce right to sue where the contract expressly states the third party can enforce it

Question 7

S1(1)(b)

Contracts (Rights of third parties) Act 1999

Answer 7

Third party can enforce the right to sue where the contract purports to confer a benefit to the third party
- contract suggests third party can sue because it is clear the contract is meant to benefit them

Question 8

S1(2)

Contracts (Rights of third parties) Act 1999

Answer 8

Parties to the contract can exclude a third party from being able to sue in their contract