Contract Law

31 January 2009 Lecture & tutorial hold justness C.A. MacMillan Privity Contract Law: Privity and tercet Party Rights C.A. MacMillan 31 January 2009 I. Privity of convey A. The everyday rules Only a addressr or a securee is a companionship to a contract. Everyone else is a stranger to the contract, or in lay out terms non privy to the promise made; this is so plain if he or she is mentioned by name or full general description in the contract. From this two propositions are held to follow: 1. A contract among A and B cannot impose an practiceable stipulation on C, nor in any other way regulate 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 chit-chat 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 Contrac ts (Rights of Third Parties) shape 1999. A facsimile can be found at http://www.hmso.gov.uk/acts/acts1999/19990031.htm II. Enforcement by the promi keep an eye on The promisee is entitled to enforce the promise. The difficulty is that the promisee may not ask suffered any loss. Is there a performance care 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) quadruplicate bookings capital of Mississippi v Horizon Holidays [1975] 1 W.L.R. 1486 © C.A. MacMillan, 2008 9 February, 2008 L ecture & 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 actors line The Albazero [1977] A.C. 774 (iii) Where A and B contract on the basis that the office which is the subject matter of As obligations may at some auspicate be acquired by a third gear troupe such as C, and on the footing that B should be able to...If you want to get a wide essay, ready it on our website: OrderCustomPaper.com

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