privity

Question 1

what is privity

Answer 1

when only the parties who enter the contract are bound to the contract and it’s benefits
(dunlop v selfridge)

Question 3

what may the courts try to do

Answer 3

avoid the strict rule of privity (Jackson v Horizon Holidays - where his family could claim even if they were not parties to the contract if the law was strictly applied)

Question 4

exceptions where privity doesn’t apply

Answer 4

• agency
  -collateral contract
  -restrictive covenant

Question 5

agency

Answer 5

When someone is authorised to make a contract on behalf of another. They are still bound by the terms of the contract.

Question 6

collateral contract

Answer 6

Where the courts can find a second contract alongside the main contract, which parties can still benefit from. In the case of Shanklin v Detel

Question 7

restrictive covenant

Answer 7

An agreement where a party will stop the use of its land to other people (tulk v moxlay) - where the covenant ran with the land and the person was bound by it).