contract law privity
- Created by: jake
- Created on: 27-03-13 12:07
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- Privity of Contract
- Doctrine of privity means that a contract connot confer rights or impose obligations under it on any person other then those that are party to it
- The Doctrine is common law and has rules
- rule 1. only a promisee may enforce a promise, this means that if 3rd party is not a promisee then he is not privy to the contract
- Dunlop tyre co v selfridge -
- Rule 2. Consideration must move from the promisee
- Tweedle v Atkinson
- The rules on privity of contract can cause significant difficulties for both business ad individuals. Due to the fact it often leaves the 3rd party with no legal remedy , this is still the case where it is clear that the 3rd party was intended to benifit
- rule 1. only a promisee may enforce a promise, this means that if 3rd party is not a promisee then he is not privy to the contract
- Dunlop tyre co v selfridge -
- if the doctrine of privity was inflexibly applied it would cause considerable injustice therefore exceptions have been developed
- rule 1. only a promisee may enforce a promise, this means that if 3rd party is not a promisee then he is not privy to the contract
- rule 1. only a promisee may enforce a promise, this means that if 3rd party is not a promisee then he is not privy to the contract
- The Doctrine is common law and has rules
- Common law exceptions
- Collatral Contracts - A contract between two parties may be accompanied by another contract that relates to one of them and the 3rd party that relates to the same subject matter
- shanklin pier v Detel products
- Untitled
- Collatral Contracts - A contract between two parties may be accompanied by another contract that relates to one of them and the 3rd party that relates to the same subject matter
- Doctrine of privity means that a contract connot confer rights or impose obligations under it on any person other then those that are party to it
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