1: Privity reverse

Question 1

privity of contract - only those who are parties to a contract are bound by it and can benefit from it

Answer 1

Tweddle v Atkinson

Question 2

privity example

Answer 2

Dunlop Pneumatic Tyre Co. Ltd v Selfridge

Question 3

exception: if the contract has a third party in mind in terms of beneficiary - application of s56 Law of Property Act 1925

Answer 3

Beswick v Beswick

Question 4

exception: if you book a holiday for your family, and it fails to deliver on promised experience, can sue for damages for whole family

Answer 4

Jackson v Horizon Holidays Ltd

Question 5

exception: Restrictive covenants: where when land had a restrictive covenant on it restrictive covenant means that you can’t do something with that land

Answer 5

Tulk v Moxhay

Question 6

exception: Collateral contracts

Answer 6

Shanklin v Detel

Question 7

exception: Stay of proceedings (promise not to sue a third party)

Answer 7

s49(3) Senior Courts Act

Question 8

exception: The Contracts (Rights of Third Parties) Acts (1999) - exemplar case
it will be possible for third parties to enforce contractual terms, but this strictly only applies where:
-The contract seeks to infer a benefit onto the third party and
-This was the intention of the parties
-The contract clearly references the third party by name or as a member of a particular category

Answer 8

Nisshin Shipping Company