Podcast
Questions and Answers
What is the primary issue with finding a remedy for B in a contract breach?
What is the primary issue with finding a remedy for B in a contract breach?
- B is not directly affected by the breach
- C is not a party to the contract
- B would not have received the money in the first place (correct)
- A has no contractual obligation to B
What is the term used to describe B's interest in the contract?
What is the term used to describe B's interest in the contract?
- Performance interest (correct)
- Reliance interest
- Expectation interest
- Restitution interest
What was the outcome in the case of Beswick v Beswick?
What was the outcome in the case of Beswick v Beswick?
- The contract was declared void
- Damages were awarded to B
- A was found not liable
- An order for specific performance was made (correct)
What was the significance of the Radford v DeFroberville case?
What was the significance of the Radford v DeFroberville case?
What is the general purpose of an award of damages in a contract breach?
What is the general purpose of an award of damages in a contract breach?
What was the limitation imposed by the House of Lords in the Panatown case?
What was the limitation imposed by the House of Lords in the Panatown case?
In what situation can the court make an order for specific performance?
In what situation can the court make an order for specific performance?
In what case did the court allow the promisee to enforce a contract for the benefit of a third party?
In what case did the court allow the promisee to enforce a contract for the benefit of a third party?
What is the consequence of the Panatown decision on the exceptions to privity of contract?
What is the consequence of the Panatown decision on the exceptions to privity of contract?
What is the purpose of an order for the specific performance of a contract?
What is the purpose of an order for the specific performance of a contract?
What is the primary purpose of the devices created in various cases to circumvent the doctrine of privity of contract?
What is the primary purpose of the devices created in various cases to circumvent the doctrine of privity of contract?
What is the effect of the Contracts (Rights of Third Parties) Act 1999 on the doctrine of privity of contract?
What is the effect of the Contracts (Rights of Third Parties) Act 1999 on the doctrine of privity of contract?
Who can sue to enforce the promise in the scenario where A promises B to pay C £100?
Who can sue to enforce the promise in the scenario where A promises B to pay C £100?
What is the main difficulty with the enforcement of promises by the promisee?
What is the main difficulty with the enforcement of promises by the promisee?
What is the primary aim of the courts when dealing with clauses seeking to exclude liability?
What is the primary aim of the courts when dealing with clauses seeking to exclude liability?
What is the concept where a third party may be made liable for a promise made in consideration of the promisee's entry into the main contract?
What is the concept where a third party may be made liable for a promise made in consideration of the promisee's entry into the main contract?
What is the outcome if a trust of a promise is successfully constituted?
What is the outcome if a trust of a promise is successfully constituted?
What is the Act that deals with the rights of third parties in contracts?
What is the Act that deals with the rights of third parties in contracts?
What is the typical reason for refusing to find a trust in favour of a third party?
What is the typical reason for refusing to find a trust in favour of a third party?
What is the case that illustrates the problem of privity of contract?
What is the case that illustrates the problem of privity of contract?
What is the primary concern of the doctrine of privity of contract?
What is the primary concern of the doctrine of privity of contract?
Under the Contracts (Rights of Third Parties) Act 1999, when can a third party enforce a benefit conferred upon them?
Under the Contracts (Rights of Third Parties) Act 1999, when can a third party enforce a benefit conferred upon them?
What is the additional requirement for a third party to enforce a benefit conferred upon them?
What is the additional requirement for a third party to enforce a benefit conferred upon them?
What is the significance of the Dunlop v Selfridge case?
What is the significance of the Dunlop v Selfridge case?
What is the general rule of the doctrine of privity of contract?
What is the general rule of the doctrine of privity of contract?
Why might the court view the lack of a conferment of a benefit on a third party as indication that there is no performance interest?
Why might the court view the lack of a conferment of a benefit on a third party as indication that there is no performance interest?
In what circumstance might the lack of a 'performance interest' allow a promisor to breach a contract with impunity?
In what circumstance might the lack of a 'performance interest' allow a promisor to breach a contract with impunity?
What is the primary role of an agent in a contractual agreement?
What is the primary role of an agent in a contractual agreement?
What is the effect of an agency relationship on the contractual parties?
What is the effect of an agency relationship on the contractual parties?
What is the significance of the Contracts (Rights of Third Parties) Act 1999?
What is the significance of the Contracts (Rights of Third Parties) Act 1999?
In what circumstances is a third party's protection from changes to a contract ensured?
In what circumstances is a third party's protection from changes to a contract ensured?
What can the contracting parties do to vary the extent of the Act's application?
What can the contracting parties do to vary the extent of the Act's application?
When can a promisor rely on a defence or set-off in a contract?
When can a promisor rely on a defence or set-off in a contract?
What is a limitation on the application of the Contracts (Rights of Third Parties) Act 1999?
What is a limitation on the application of the Contracts (Rights of Third Parties) Act 1999?
When does the Contracts (Rights of Third Parties) Act 1999 not apply?
When does the Contracts (Rights of Third Parties) Act 1999 not apply?
What is required for a third party to enforce a term of the contract?
What is required for a third party to enforce a term of the contract?
When can the contracting parties vary the extent of the Act's application?
When can the contracting parties vary the extent of the Act's application?
What is the significance of the Contracts (Rights of Third Parties) Act 1999?
What is the significance of the Contracts (Rights of Third Parties) Act 1999?
What is the consequence of the Contracts (Rights of Third Parties) Act 1999 on the doctrine of privity of contract?
What is the consequence of the Contracts (Rights of Third Parties) Act 1999 on the doctrine of privity of contract?
When can the third party bring a claim against the promisor?
When can the third party bring a claim against the promisor?
Flashcards
Contract Breach Remedy Issue (B)
Contract Breach Remedy Issue (B)
B wouldn't have received the money originally, so no remedy needed.
B's Contractual Interest
B's Contractual Interest
B's right to expect the contract obligations to be fulfilled.
Beswick v Beswick Outcome
Beswick v Beswick Outcome
Specific performance order for fulfilling the contract.
Radford v DeFroberville Significance
Radford v DeFroberville Significance
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Damages in Contract Breach
Damages in Contract Breach
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Panatown Case Limitation
Panatown Case Limitation
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Specific Performance Circumstances
Specific Performance Circumstances
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Third-Party Contract Enforcement Case
Third-Party Contract Enforcement Case
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Panatown Effect on Exceptions
Panatown Effect on Exceptions
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Specific Performance Purpose
Specific Performance Purpose
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Circumventing Privity Devices Purpose
Circumventing Privity Devices Purpose
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Contracts (Rights of Third Parties) Act 1999 Impact
Contracts (Rights of Third Parties) Act 1999 Impact
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Contract Enforcement by Promisee (A to B to C)
Contract Enforcement by Promisee (A to B to C)
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Promisee Enforcement Difficulties
Promisee Enforcement Difficulties
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Liability Clause Court Aim
Liability Clause Court Aim
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Collateral Contract
Collateral Contract
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Trust of Promise Success
Trust of Promise Success
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Third Party Rights Act
Third Party Rights Act
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Refusal to Find Trust Reason
Refusal to Find Trust Reason
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Privity of Contract Problem Case
Privity of Contract Problem Case
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Privity Contract Doctrine Concern
Privity Contract Doctrine Concern
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Contract (Rights of Third Parties) Act 1999 - Third-Party Enforceability
Contract (Rights of Third Parties) Act 1999 - Third-Party Enforceability
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Additional Benefit Enforcement Requirement
Additional Benefit Enforcement Requirement
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Dunlop v Selfridge Significance
Dunlop v Selfridge Significance
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Privity of Contract General Rule
Privity of Contract General Rule
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Lack of Benefit, Performance Interest
Lack of Benefit, Performance Interest
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Promisor Breach with No Performance Interest
Promisor Breach with No Performance Interest
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Agent's Role in Contract
Agent's Role in Contract
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Agency Relationship Effect on Parties
Agency Relationship Effect on Parties
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Contracts (Rights of Third Parties) Act 1999 Significance
Contracts (Rights of Third Parties) Act 1999 Significance
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Third Party Contract Variation Protection
Third Party Contract Variation Protection
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Contracting Parties to Alter Act's Scope
Contracting Parties to Alter Act's Scope
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Promisor Defense/Set-Off in Third-Party Claims
Promisor Defense/Set-Off in Third-Party Claims
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Contracts (Rights of Third Parties) Act 1999 Limitation
Contracts (Rights of Third Parties) Act 1999 Limitation
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Act 1999 Non-Application Conditions
Act 1999 Non-Application Conditions
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Third Party Contract Term Enforcement Requirements
Third Party Contract Term Enforcement Requirements
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Contracting Parties and Varying Act Application
Contracting Parties and Varying Act Application
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Act's Significance for Privity
Act's Significance for Privity
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Consequence of Act on Privity Doctrine
Consequence of Act on Privity Doctrine
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Third-Party Claim against Promisor Condition
Third-Party Claim against Promisor Condition
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