privity of contract cases

Cards (57)

  • What is the foundational case related to the doctrine of privity discussed first?
    Tweddle v Atkinson
  • What was the main issue in Tweddle v Atkinson?
    Tweddle sought to enforce a promise made in a contract
  • Why did the Court of Queen’s Bench rule against Tweddle?
    He was not a party to the contract
  • What must a third party show to enforce a promise made in a contract?
    They must show consideration or involvement
  • What is the key ruling from Beswick v Beswick?
    A contract for a third party can be enforced
  • Why could Mrs. Beswick enforce the agreement?
    It was made for her benefit
  • What did the court order in Beswick v Beswick?
    Specific performance to compel payments
  • What was the context of Clarke v Dunraven?
    Competitors in a yacht race
  • What did the Court of Appeal rule regarding Dunraven's obligations?
    He was bound by the agreement made
  • What does the decision in Clarke v Dunraven emphasize?
    Importance of contractual intent and adherence
  • What is the case Jackson v Horizon Holidays about?
    Claim for a substandard holiday
  • Why could Mr. Jackson claim for his family's loss?
    The contract intended to benefit his family
  • What principle did the court extend in Jackson v Horizon Holidays?
    Claiming damages for third parties affected
  • What was the case Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd about?
    Claim for breach of contract on building works
  • What did the House of Lords rule regarding Linden Gardens Trust?
    They had the right to claim for breach
  • What does the ruling in Linden Gardens Trust emphasize?
    Third parties can sue if intended beneficiaries
  • What is the case New Zealand Shipping Co Ltd v AM Satterthwaite about?
    Liability clause in a shipping contract
  • What did the House of Lords rule regarding the stevedore company?
    They could benefit from the limitation clause
  • What principle does the ruling in The Eurymedon illustrate?
    A third party can benefit from a contract
  • What is the case Shanklin Pier Ltd v Detel Products about?
    Enforcement of a promise regarding paint quality
  • What did the Court of Appeal rule in favor of Shanklin Pier Ltd?
    They could enforce the promise about paint
  • What does the ruling in Shanklin Pier Ltd emphasize?
    A third party can enforce a term if intended
  • What was the claimant in the case of Shanklin Pier Ltd v Detel Products Ltd?

    Shanklin Pier Ltd
  • What was the purpose of the contract between Shanklin Pier Ltd and Detel Products Ltd?
    To purchase paint for the pier
  • What was the understanding regarding the paint in the contract?
    The paint would be suitable for the pier
  • What was the outcome of the Court of Appeal in this case?
    Ruled in favor of Shanklin Pier Ltd
  • What did the court hold regarding the pier company's ability to enforce the promise?
    They could enforce the promise about paint quality
  • Under what condition can a third party enforce a term of a contract?
    If the contract was intended to benefit them
  • What is required for a third party to have enforceable rights?
    The contract must link to a collateral agreement
  • What was the issue with the paint provided by Detel Products Ltd?
    It was unsatisfactory and unsuitable
  • What did Detel Products Ltd argue regarding their liability?
    They were only liable under their contract
  • What did the court find about the contract between the paint supplier and the pier company?
    It was linked to a collateral contract
  • Why is the case of Shanklin Pier Ltd v Detel Products Ltd significant?
    It recognizes third-party enforcement of contract terms
  • What was the claimant's name in the case of Donoghue v Stevenson?
    1. Donoghue
  • What did Mrs. Donoghue find in her ginger beer?
    A decomposed snail
  • What was the outcome of Mrs. Donoghue's lawsuit against Stevenson?
    Stevenson owed her a duty of care
  • What principle did the House of Lords establish in Donoghue v Stevenson?
    Manufacturers owe a duty of care to consumers
  • What does the duty of care in tort law ensure for consumers?
    Products are safe and will not cause harm
  • What was the claimant in Darlington Borough Council v Wiltshire Northern Ltd?

    Darlington Borough Council
  • What was the nature of the work in Darlington Borough Council v Wiltshire Northern Ltd?
    Related to a building project using scaffolding