Contract Law

31 January 2009 Lecture & tutorial

Contract justness

C.A. MacMillan Privity

Contract Law: Privity and tercet Party Rights
C.A. MacMillan 31 January 2009

I. Privity of convey
A. The general rules
Only a addressr or a promisee is a party to a contract. Everyone else is a stranger to the contract, or in present terms not privy to the promise made; this is so even if he or she is mentioned by name or general description in the contract. From this two propositions are held to follow: 1. A contract among A and B cannot impose an enforceable obligation on C, nor in any other way limit 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 confer 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
Contracts (Rights of Third Parties) Act 1999. A facsimile can be found at http://www.hmso.gov.uk/acts/acts1999/19990031.htm

II. Enforcement by the promisee
The promisee is entitled to enforce the promise. The difficulty is that the promisee may not ask suffered any loss. Is there a performance interest 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) Multiple 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 property which is the subject matter of As obligations may at some point be acquired 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, order it on our website: Orderessay



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