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contract law
privity of contract cases
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Cards (57)
What is the foundational case related to the doctrine of privity discussed first?
Tweddle v Atkinson
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What was the main issue in Tweddle v Atkinson?
Tweddle sought to enforce a
promise
made in a
contract
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Why did the Court of Queen’s Bench rule against Tweddle?
He was not a
party to the contract
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What must a third party show to enforce a promise made in a contract?
They must show
consideration
or
involvement
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What is the key ruling from Beswick v Beswick?
A contract for a
third party
can be
enforced
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Why could Mrs. Beswick enforce the agreement?
It was made for her
benefit
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What did the court order in Beswick v Beswick?
Specific performance
to compel payments
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What was the context of Clarke v Dunraven?
Competitors in a
yacht race
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What did the Court of Appeal rule regarding Dunraven's obligations?
He was bound by the
agreement
made
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What does the decision in Clarke v Dunraven emphasize?
Importance of
contractual intent
and
adherence
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What is the case Jackson v Horizon Holidays about?
Claim for a
substandard
holiday
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Why could Mr. Jackson claim for his family's loss?
The contract intended to
benefit
his family
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What principle did the court extend in Jackson v Horizon Holidays?
Claiming damages for
third parties
affected
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What was the case Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd about?
Claim for
breach of contract
on building works
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What did the House of Lords rule regarding Linden Gardens Trust?
They had the right to claim for
breach
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What does the ruling in Linden Gardens Trust emphasize?
Third parties
can sue if
intended beneficiaries
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What is the case New Zealand Shipping Co Ltd v AM Satterthwaite about?
Liability clause
in a shipping contract
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What did the House of Lords rule regarding the stevedore company?
They could benefit from the
limitation clause
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What principle does the ruling in The Eurymedon illustrate?
A
third party
can benefit from a
contract
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What is the case Shanklin Pier Ltd v Detel Products about?
Enforcement of a
promise
regarding
paint quality
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What did the Court of Appeal rule in favor of Shanklin Pier Ltd?
They could
enforce
the promise about paint
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What does the ruling in Shanklin Pier Ltd emphasize?
A
third party
can
enforce
a term if intended
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What was the claimant in the case of
Shanklin
Pier
Ltd
v
Detel
Products
Ltd
?
Shanklin Pier Ltd
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What was the purpose of the contract between Shanklin Pier Ltd and Detel Products Ltd?
To
purchase paint
for the
pier
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What was the understanding regarding the paint in the contract?
The paint would be suitable for the
pier
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What was the outcome of the Court of Appeal in this case?
Ruled in favor of
Shanklin Pier Ltd
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What did the court hold regarding the pier company's ability to enforce the promise?
They
could
enforce
the
promise
about
paint
quality
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Under what condition can a third party enforce a term of a contract?
If the contract was intended to
benefit
them
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What is required for a third party to have enforceable rights?
The contract must link to a
collateral agreement
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What was the issue with the paint provided by Detel Products Ltd?
It was
unsatisfactory
and unsuitable
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What did Detel Products Ltd argue regarding their liability?
They were only
liable
under their
contract
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What did the court find about the contract between the paint supplier and the pier company?
It was linked to a
collateral contract
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Why is the case of Shanklin Pier Ltd v Detel Products Ltd significant?
It recognizes
third-party
enforcement
of contract terms
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What was the claimant's name in the case of Donoghue v Stevenson?
Donoghue
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What did Mrs. Donoghue find in her ginger beer?
A
decomposed
snail
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What was the outcome of Mrs. Donoghue's lawsuit against Stevenson?
Stevenson owed her a
duty of care
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What principle did the House of Lords establish in Donoghue v Stevenson?
Manufacturers
owe a duty of care to consumers
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What does the duty of care in tort law ensure for consumers?
Products
are safe and will not cause harm
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What was the claimant in
Darlington
Borough
Council
v
Wiltshire Northern Ltd
?
Darlington Borough Council
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What was the nature of the work in Darlington Borough Council v Wiltshire Northern Ltd?
Related to a building project using
scaffolding
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