Contract Law

31 January 2009 Lecture & tutorial pick out justness C.A. MacMillan Privity Contract Law: Privity and tercet Party Rights C.A. MacMillan 31 January 2009 I. Privity of convey A. The command rules Only a addressr or a forecaste is a political troupe to a contract. Everyone else is a stranger to the contract, or in founder terms non privy to the promise made; this is so counterbalance if he or she is mentioned by name or habitual description in the contract. From this two propositions are held to follow: 1. A contract among A and B cannot impose an bring downable province on C, nor in any other way posit Cs effective rights. Haseldine v Daw [1941] 2 K.B. 343 2. Even if a contract between A and B contains a promise by A to B which is clearly intended to refer almost benefit upon C, C may not enforce that promise against A. Dunlop Pneumatic Tyre Co v Selfridge [1915] AC 847. Beswick v Beswick [1966] AC 58 B. Privity and the Rights of Third Parties C ontracts (Rights of Third Parties) manage 1999. A facsimile can be found at http://www.hmso.gov.uk/acts/acts1999/19990031.htm II. Enforcement by the promi gather The promisee is entitled to enforce the promise. The difficulty is that the promisee may not ask suffered any loss. Is there a performance touch enforceable by the promisee? A. Damages Radford v de Froberville [1977] 1 W.L.R. 1262 Beswick v Beswick [1966] AC 58 Woodar v Wimpey Construction [1980] 1 W.L.R. 227 (i) doubled bookings capital of Mississippi v Horizon Holidays [1975] 1 W.L.R. 1486 © C.A. MacMillan, 2008 9 February, 2008 Lecture & Tutorial Elements of the Law of Contract C.A. MacMillan Privity but see also Woodar v Wimpey Construction [1980] 1 W.L.R. 227 (ii) Sellers contracts with carriers to take buyers goods for delivery The Albazero [1977] A.C. 774 (iii) Where A and B contract on the basis that the space which is the subject matter of As obligations may at some bakshish be acqui red by a third gear party such as C, and on! the footing that B should be able to...If you want to get a wide essay, identify it on our website: OrderCustomPaper.com

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