privity cases

Question 1

privity definition and case

Answer 1

only those who are parties to a contract can enforce a specific term. Beswick v Beswick

Question 2

general rule of privity

Answer 2

a person cannot gain rights or impose obligations under a contract unless they are a party of the contract, even if case benefits them (Beswick & Tweddle)

Question 3

exception 1

Answer 3

Group bookings- Jackson V horizon demonstrates that the party who made the contract can claim on “behalf of 3rd parties”

Question 4

exception 3

Answer 4

shanklin pier v detel products- when the court finds that a secondary contract exists with the 3rd party, connected to the main contract

Question 5

exception 4

Answer 5

restrictive covenants- tulk v moxhay. an agreement between 2 landowners in which one of them promises they will not do something on their land. anyone who buys the land are also bound by that promise.

Question 6

exception 5

Answer 6

3rd party may be able to bring a claim in negligence. donoghue v stevenson

Question 7

exception 6

Answer 7

the contracts act 1999- act allows a 3rd party to enforce a terms against either of the parties if identification, express right and benefit intention is stated

Question 8

Nishin shipping v cleaves

Answer 8

if a contract conferred a benefit on a 3rd party, the default position is enforceability, unless the parties clearly intended otherwise