Privity Flashcards
(6 cards)
1
Q
Tweddle v Atkinson
A
Only a person who is a party to a contract can sue under it
2
Q
What’s the 2 common law exceptions
A
- Agency
- Restrictive covenants that run with land, Tulk v moxhay
- Damages on behalf of another, Jackson v horizon holidays
- Collateral contracts, shanklin pier v detel products
3
Q
What’s the act for privity
A
Contracts act 1999
4
Q
What does S1(1)(A) show
A
Where a contract expressly states that a third party can enforce it (sue them)
5
Q
S1(1)(b)
A
Where a contract intends to confer a benefit on a third party
6
Q
S1(2)
A
Person A and B can exclude third party rights if they specifically put it in their contract