Privity to a Contract^

Question 1

Tweedle V Atkinson

Answer 1

only those who are parties to the original contract can claim rights under that contract.
even if it was made for someone else’s benefit
- Would have been different under the Contracts (Rights of Third Parties) Act 1999

Question 2

Dunlop V Selfridge

Answer 2

shows how privity to a contract makes sense as it will be unfair for a company to be sued when they did not make the agreement

Question 3

Contracts (Rights of Third Parties) Act 1999

Answer 3

third parties can claim right if:
- they are expressly names or match a description in the agreement
- It is expressed that they should be able to claim rights under the agreement
- The agreement is made for their benefit (Jackson V Horizen Holidays)

Question 4

Jackson V Horizen Holidays

Answer 4

J able to claim benefits from the contract for the rest of his family even though they weren’t part of the original agreement
Because the agreement is made for their benefit

Question 5

Beswick V Beswick

Answer 5

outcome of would be different after the introduction of the act
- aunt not being considered as a part of the contract even though she was identified

Question 6

Agency

Answer 6

common law exceptions
An agent is authorised to make an agreement on behalf of another party
so they can claim rights for that agreement

Question 7

Collateral Contract

Answer 7

common law exceptions
separate agreement made alongside the original agreement

Question 8

Shanklin Pier V Detel Products

Answer 8

example of collateral contract
separate agreement alongside the original agreement

Question 9

Restrictive Covenants

Answer 9

common law exceptions
Issues with land only
Restrictions placed on land, stay with it even if the occupier changes

Question 10

Tulk V Moxhay

Answer 10

a term of the agreement for the sell of land that stays with the land