Unit 1 - Concept Flashcards
(8 cards)
Tweddle v Atkinson (1861)
- Man and woman engaged to be married.
- Fathers agreed with each other to pay money to Tweddle’s son when married.
- Father of bride died before paying.
- Contract said Tweddle’s son had right to sue.
- But doctrine of privity prevailed: action against the father’s estate failed.
[cf. Contracts (Rights of Third Parties Act 1999]
Dunlop v Selfridge (1915)
- Dunlop had an agreement with wholesaler.
- said must not resell tyres below a set price.
- Action against retailer failed: not party to contract (and so could not be bound).
Contracts (Rights of Third Parties) Act 1999
s1
Third party can enforce a term if
– s1(1)(a) contract expressly says that they may; or
– s1(1)(b) term purports to confer a benefit on them.
» it is not enough for a contract simply to name a third party.
But:
– s1(2) not if it appears from the contract that the parties did not intend the third party to enforce; or
– s1(3) the third party must be expressly identified by name, member of class, or by answering a particular description.
» though the third party needn’t exist when the contract is formed.
Definition of a contract
An agreement giving rise to obligations that can be enforced or recognised by law.
Legal requirements for formation of an enforceable contract.
- Offer and acceptance (agreement)
- Intention
- Consideration
Doctrine of privity (definition and relevant case law)
Only the parties to a contract can SUE or BE SUED on it.
E.g. Tweddle v Atkinson (1861), Dunlop v Selfridge (1915).
Except cf. Contracts (Rights of Third Parties) Act 1999 s1.
What’s the case?
- Man and woman engaged to be married.
- Fathers agreed with each other to pay money to groom when married.
- Father of bride died before paying.
- Contract said groom had right to sue.
- But doctrine of privity prevailed: action against the father’s estate failed.
Tweddle v Atkinson (1861)
What’s the case?
- Manufacturer had an agreement with wholesaler.
- said must not resell tyres below a set price.
- Action against retailer failed: not party to contract (and so could not be bound).
Dunlop v Selfridge (1915)
