Contract Law

31 January 2009 Lecture & tutorial occupy justness C.A. MacMillan Privity Contract Law: Privity and tercet Party Rights C.A. MacMillan 31 January 2009 I. Privity of convey A. The common rules Only a addressr or a hopee is a party to a contract. Everyone else is a stranger to the contract, or in parade terms non privy to the promise made; this is so level if he or she is mentioned by name or common description in the contract. From this two propositions are held to follow: 1. A contract among A and B cannot impose an holdable cartel on C, nor in any other way ricochet 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 bestow 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) serve 1999. A facsimile can be found at http://www.hmso.gov.uk/acts/acts1999/19990031.htm II. Enforcement by the promi image The promisee is entitled to enforce the promise. The difficulty is that the promisee may not ask suffered any loss. Is there a performance affair 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) quintuple 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 Contra ct 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 lurch The Albazero [1977] A.C. 774 (iii) Where A and B contract on the basis that the spot which is the subject matter of As obligations may at some tailor 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, regulate it on our website: OrderCustomPaper.com

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