Privity

Question 1

What is privity?

Answer 1

Only parties who have given consideration are parties to a contract and enforce a contract

Question 2

Tweddle v Atkinson

Answer 2

Only a person who is a party to a contract can sue on it

Question 3

Common law exceptions:

Answer 3

1. Agency
2. Restrictive covenants that run with land
3. Damages on behalf of another
4. Collateral contracts

Question 4

Agency

Answer 4

An agent is someone who enters into a contract on your behalf

Question 5

Restrictive covenants that run with land

Answer 5

Promised not to do something on land. Often they apply to whoever owns the land, even if they are not the person who made the original agreement

Question 6

Tull v Moxhay

Answer 6

Covenants can run with the land

Question 7

Jackson v Horizon Holidays

Answer 7

Damages on behalf of another

Question 8

S1 (1) (b)

Answer 8

Where a contract purports (intends) to confer a benefit on a third party

Question 9

S1 (2)

Answer 9

Person A and Person B can also exclude third party rights if they specifically put this in their contract

Question 10

Nisshin Shopping v Cleaves

Answer 10

S1 (1) (b)

Question 11

S1 (1) (a)

Answer 11

Where the contract expressly states that a third party can enforce it

Question 12

Shanklin Pier v Detel Products

Answer 12

Collateral contracts

Question 13

Contracts (Rights of Third Parties) Act 1999

Answer 13

statutory exceptions:
S1(1)(a)
S1(1)(b)