Privity, Third Parties & Positive Terms in Contract Flashcards

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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

Other cards in this set

Card 2

Front

Cannot Sue on Behalf of TP unless Act affected a Whole Family

Back

Horizon Holidays [1975]

Card 3

Front

Joint Promises to More Than One Party Means they are not a TP

Back

Preview of the front of card 3

Card 4

Front

Collateral Contracts through an Agent can remove TP label

Back

Preview of the front of card 4

Card 5

Front

When B is a Trustee to A, he isn't a TP (express statements needed)

Back

Preview of the front of card 5
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