privity to a contract

Question 1

what is the general rule of privity?

Answer 1

the general rule of privity of a contract is that only parties to a contract can acquire rights and liabilities under the contract

Question 2

Dunlop v Selfridge

Answer 2

if you are not a party to a contract then you cannot sue or be sued under it.
- the courts said that it would be unfair to let 2 parties make a contract that binds a third party when they aren’t privy to the details

Question 3

Tweedle v Atkinson

Answer 3

tweedle deez nuts

Question 4

What are the common law exceptions?

Answer 4

Agency: agreement that is made on someone else’s behalf
Scrutiny: Its v Silicones LTD - carrier was not an agent because it was a completely separate contract
Collateral Contract: contract that goes alongside the original contract

Question 5

Shanklin Pier v Detel Product

Answer 5

restrictive covenants: term of an agreement of how to deal with the land that stay with the land

Question 6

What are some statutory exceptions?

Answer 6

• Contract (rights of the third parties) Act 1999
• someone who isn’t part of the original agreement can claim rights under the agreement if:
• the person if expressly named or a description
• the contract is created to benefit a third party

Question 7

Beswick v Beswich

Answer 7

• example case form before 1999
• She couldn’t claim then but these elements would let her now