PRIVITY TO CONTRACY

• What case ratio only those party to a contract are bound by it and can benefit from it?


  Dunlop v Selfridge
• Dunlop v Selfridge


  In this case, Dunlop tyres had an agreement with Dew not to sell their tyres below a certain price. Dew resold the tyres to Selfridge with the same term attached. Selfridge then resold the tyres below the agreed price. Dew refused to sue Selfridge so Dunlop sued them
• What was held in Dunlop v Selfridge?

  because Dunlop was not party to the contract with Selfridge they could not sue
• What did Beswick v Beswick ratio?

  an administrator to another's estate could sue on their behalf
• Which case ratio that an administrator can sue on their behalf?

  Beswick v Beswick
• Who was involved in the case Beswick v Beswick?

  Mr Beswick and his nephew
• What did Mr Beswick agree to sell to his nephew?

  His coal business
• What was the payment arrangement for Mr Beswick's wife after his death?

  £5 per week for life
• What happened after Mr Beswick died?

  His nephew refused to pay the aunt
• Why could the aunt not sue on her own behalf?

  She was not privy to the contract
• How did the court address the issue of the aunt not being privy to the contract?

  By considering her the administrator of the estate
• What was the court's decision regarding the nephew's obligation?

  Ordered specific performance to pay the aunt
• What are the key elements of the agreement in Beswick v Beswick?

  • Sale of coal business
  • Consultant arrangement for Mr Beswick
  • Payment of £5 per week to Mr Beswick's wife
• What legal principle was applied in the case of Beswick v Beswick regarding the aunt's claim?

  • The aunt was considered the administrator of the estate
  • Allowed her to claim the agreed payment
  • Court ordered specific performance from the nephew
• Why did the court award more damages in Jackson v Horizon Holidays?


  to reflect the loss suffered by all members of the family.
• Why did the claimant decide to sue Horizon Holidays?


  the holiday turned out to be very disappointing
• Unde the privity rule, could Mr Jackson's family sue?


  No
• Why could Mr Jackson's family not sue?

  they were not party to the contract
• Were Horizon Holidays liable for the disappointment of the family?


  No
• How many properties did Tulk own in Leicester Square in Tulk v Moxhay?

  several properties
• What did Tulk sell the land with?

  A restrictive covenant attached which specifically prevented the land being built upon
• Why was a restrictive covenant placed in Tulk v Moxhay?

  To keep Leicester Square uncovered with buildings
• How many times did the land get sold until Moxhay bought it and wanted to build on it in Tulk v Moxhay?

  several times
• Was Moxhay aware of the restrictive covenant in Tulk v Moxhay?


  Yes
• What did Moxhay argue in Tulk v Moxhay?

  He was not privy to the initial contract
• What was held in Tulk v Moxhay?

  the covenant had been intended to run with the land at the time it was made and all purchasers had been informed about it thereby preventing Moxhay building on it
• What remedy was given in Tulk v Moxhay

  injunction
• What is the key case for the Agency principal?


  The Eurymedon
• Who were the claimants in the Eurymedon?

  independent contractors
• What was the role of the stevedores in the Eurymedon?


  to load and unload machinery from a ship by the owner responsible for carrying the machines.
• What did one of the Stevedores do when unloading in the Eurymedon?


  damaged a machine whilst unloading
• When did the owner of the machine sue in the Eurymedon?

  after the limitation period stated in the contract
• what was the Stevedore relying on and argued in the Eurymedon?

  stevedore was relying on the limitation period in the contract and argued he was not privy to the contract
• What was held in the Eurymedon?

  the stevedores were party to the contract as they provided services of unloading the machinery.
• why was the claim unsuccessful in the Eurymedon?

  stevedores were protected by the limitation clause
• What is the key case for Collateral contract?

  Shanklin Pier v Detel
• Who was the claimant in Shanklin Pier v Detel?


  Shanklin Pier
• Why did Shanklin Pier enter a contract with Detel in Shanklin Pier v Detel?


  To have their pier painted
• Who was the defendant in Shanklin Pier v Detel?


  Detel
• What did Shanklin Pier express?

  the right in the contract to alter the contract.