Privity, Third Parties & Positive Terms in Contract Flashcards 4.0 / 5 based on 1 rating ? LawContract LawUniversityNone Created by: cephillipsCreated on: 21-05-14 18:57 Cannot Sue For Damages for Losses of a TP Woodar Investments [1980] 1 of 12 Cannot Sue on Behalf of TP unless Act affected a Whole Family Horizon Holidays [1975] 2 of 12 Joint Promises to More Than One Party Means they are not a TP Coulls v Bagot [1967] 3 of 12 Collateral Contracts through an Agent can remove TP label The Eurymedon [1975] 4 of 12 When B is a Trustee to A, he isn't a TP (express statements needed) Re Schebsman [1944] 5 of 12 Executors of Wills remove TP label Beswick v Beswick [1968] 6 of 12 Parties can label terms as they wish, but the courts will not always accept them L Schuler [1973] 7 of 12 Innominate Terms Breaches allow termination if they deprive the party of substantially the whole benefit of the contract Hong Kong Fir Shipping [1962] 8 of 12 Time Clauses will generally be designated as conditions Bunge Corp. [1981] 9 of 12 Term or Representation Test "Would a reasonable person infer the seller intended the statement be part of the contract?" - Oscar Chess Ltd v Williams [1957] 10 of 12 Officious Bystander Test (implied terms in law) "When something is so obvious if such a provision was suggested to a bystander they would say oh of course" The Moorcock [1889] 11 of 12 Terms are implied when thye are necessary or it would be unreasonable if they weren't there Liverpool CC v Irwin [1976] 12 of 12
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