Privity past paper

‘The rule of privity can cause injustice but reforms in both statute and common law

have helped to avoid this injustice’.

Discuss the extent to which this statement is true. [50]

Mark Levels AO1 AO2 AO3

Level 5 21-25 17-20 -

Level 4 16-20 13-16 5

Level 3 11-15 9-12 4

Level 2 6-10 5-8 3

Level 1 1-5 1-4 1-2

Potential answers MAY:

Assessment Objective 1 (25)

Explain the rules of privity:

 That a contract can only be enforced by and against the parties to the contract,

Tweddle v Atkinson, Dunlop v Selfridge;

 Candidates may explain that the rule comes from the need for the parties to have

given consideration to the agreement in order to enforce it.

Explain the…