privity

• Only those who are parties to a contract can generally sue.
• Common Law (not in statute law developed on a case-by-case basis) Exceptions:

  ·      Agency- agent authorised to make a contract on behalf of another person etc. see pg. 28
• common law exceptions:

  ·      Collateral contracts- law finds an additional contract- separate contract that runs alongside the main contract etc. pg. 28 Shanklin Pier V Detel Products (1951)
• Common law exceptions:

  ·      Only in buying and selling land- restricted covenants on the and- restrictions and terms that come with buying land and they run with the land.(can be used in evaluation question)
• common law exceptions:

  ·      Trust exists to benefit a third party e.g., a trust to pay a schools child fees.
• common law exceptions:

  ·      Third party motor insurance policy

  ·      Holiday cases- Jackson V Horizon Holidays can also be reversed onto the family if children trash hotel room parents can be sued despite child not having contract with hotel.