Privity of Contract (OCR A-Level Law): Flashcards
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Privity of contract definition
Privity of contract definition
Only parties to contract can enforce its terms
Case establishing privity rule
Case establishing privity rule
Dunlop v Selfridge (1915)
Tweddle v Atkinson (1861) two problems
Tweddle v Atkinson (1861) two problems
Lack of privity & lack of consideration
1999 Act: when third party can enforce
1999 Act: when third party can enforce
Contract states they may OR confers benefit on them
Third party ID in contract (3 ways)
Third party ID in contract (3 ways)
By name, class member, or particular description
Avraamides v Colwill (2006) limit
Avraamides v Colwill (2006) limit
Requires clear identification of third party
Law of Property Act 1925 s56 covers
Law of Property Act 1925 s56 covers
Property transactions exception (Beswick v Beswick)
Tulk v Moxhay (1848) principle
Tulk v Moxhay (1848) principle
Restrictive covenants enforceable in equity
The Eurymedon (1975) agency rule
The Eurymedon (1975) agency rule
Agent creates contracts for principal with third parties
Shanklin Pier v Detel (1951)
Shanklin Pier v Detel (1951)
Collateral contract alongside main contract