Module 10 - Third Parties
Topics
- Introduction – Scope of this Part
- Is the privity rule really the consideration rule?
- Common law - T cannot sue P for breach of P's promise made to X to benefit T
- Common law - X can sue P for breach of P's promise to benefit T
- Common law - Specific performance of P's promise made to X to benefit T
- Common law - Damages claimed by X for breach of P's promise to X
- Common law - Damages claimed by X where P’s breach causes T's injury
- Common law - Injunction obtained by X to restrain breach of P's promise to benefit T
- Common law - T cannot take advantage of P's promise to X as a defence
- Common law - Avoiding the privity rule
- Common law - Treat the arrangements as if there was a direct “unilateral” contract between P and T on the terms of P's contract with X
- Common law - Where X is a bailee of P's goods, treat a contract between X and T as binding on P
- Common law - A general exception?
- Common law - Treat X and T as joint contracting parties in X's agreement with P
- Common law - Treat X as receiving P's promise as trustee for T
- Common law - Identify a collateral contract between P and T
- Common law - The Elder Dempster exception
- Common law - The Norwich City exception
- Contracts (Rights of Third Parties) Act 1999
- Statute - Broad effect of the 1999 Act
- Statute - Purports to confer a benefit
- Statute - Rebutting the presumption
- Statute - Identification of third parties
- Statute - Defences provided to third parties
- Statute - Restrictions on rights exercisable by third parties
- Statute - Remedies available to third parties
- Statute - Variation and rescission of a contract
- Statute - Defences available to the promisor
- Statute - Other provisions
- Statute - Contracts to which the Act does not apply
