Save
Busy. Please wait.
Log in with Clever
or
show password
Forgot Password?
Don't have an account?  Sign up 
Sign up using Clever
or
Username is available taken
show password


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account. Your email address is only used to allow you to reset your password. See our Privacy Policy and Terms of Service.

Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
focusNode
Didn't know it?
click below
 
Knew it?
click below
Don't Know
Remaining cards (0)
Know
0:00
edit
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Contract - Privity

QuestionAnswer
Tweddle v Atkinson Third Party (beneficiary son) couldn't enforce contract between his two dads
What are the exceptions to the general rule on privity? Agency, covenant, Jackson, Shanklin, RoTPA 1999
Jackson v Horizon Holidays 2nd party may receive losses that reflect 3rd party's losses - unfair to limit damages to Mr Jackson alone
Dunlop v Selfridge Dunlop couldn't sue - only those who are parties to a contract are bound by it and can benefit from it
The Albazero Can't sue for someone elses losses
Tulk v Moxhay Covenant is exception - previous owner able to sue
Shankin Pier v Detel (7 year) guarantee is a 'collateral contract' allowing them to sue
Nishin v Cleaves Use of the rights of third parties Act 1999 - tried to enforce arbitration clause
Rights of Third Parties Act 1999 s1(1) Non-party can enforce a term if (a) there is a term that says so or (b) they are a beneficiary (s1(2)unless no intent to allow it)
Rights of Third Parties Act 1999 s2(1) where the non-party can enforce, they can prevent recission/variation
Created by: Oscar.G
Popular Law sets

 

 



Voices

Use these flashcards to help memorize information. Look at the large card and try to recall what is on the other side. Then click the card to flip it. If you knew the answer, click the green Know box. Otherwise, click the red Don't know box.

When you've placed seven or more cards in the Don't know box, click "retry" to try those cards again.

If you've accidentally put the card in the wrong box, just click on the card to take it out of the box.

You can also use your keyboard to move the cards as follows:

If you are logged in to your account, this website will remember which cards you know and don't know so that they are in the same box the next time you log in.

When you need a break, try one of the other activities listed below the flashcards like Matching, Snowman, or Hungry Bug. Although it may feel like you're playing a game, your brain is still making more connections with the information to help you out.

To see how well you know the information, try the Quiz or Test activity.

Pass complete!
"Know" box contains:
Time elapsed:
Retries:
restart all cards