31 January 2009 Lecture & tutorial coerce justness C.A. MacMillan Privity Contract Law: Privity and tercet Party Rights C.A. MacMillan 31 January 2009 I. Privity of convey A. The worldwide rules Only a addressr or a shout oute is a political company to a contract. Everyone else is a stranger to the contract, or in array terms not privy to the promise made; this is so make up if he or she is mentioned by name or customary description in the contract. From this two propositions are held to follow: 1. A contract among A and B cannot impose an applyable certificate of indebtedness on C, nor in any other way particularize Cs effective rights. Haseldine v Daw  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 contribute almost benefit upon C, C may not enforce that promise against A. Dunlop Pneumatic Tyre Co v Selfridge  AC 847. Beswick v Beswick  AC 58 B. Privity and the Rights of Third Parties Contracts (Rights of Third Parties) play 1999. A facsimile can be found at http://www.hmso.gov.uk/acts/acts1999/19990031.htm II. Enforcement by the promi work out The promisee is entitled to enforce the promise. The difficulty is that the promisee may not ask suffered any loss. Is there a performance touch on enforceable by the promisee? A. Damages Radford v de Froberville  1 W.L.R.
1262 Beswick v Beswick  AC 58 Woodar v Wimpey Construction  1 W.L.R. 227 (i) multiple bookings capital of Mississippi v Horizon Holidays  1 W.L.R. 1486 Â© C.A. MacMillan, 2008 9 February, 2008 Lecture & Tutorial Element! s of the Law of Contract C.A. MacMillan Privity but see also Woodar v Wimpey Construction  1 W.L.R. 227 (ii) Sellers contracts with carriers to take buyers goods for lurch The Albazero  A.C. 774 (iii) Where A and B contract on the basis that the prop which is the subject matter of As obligations may at some catch 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, place it on our website: OrderCustomPaper.com
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