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9 Cards in this Set
- Front
- Back
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What is the agreement component? |
Whether the third party acted as the principal with the intention to be a party to the contract. |
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What difficulty is there with the third party's involvement? |
Whether someone is a party to the agreement or merely someone interested over the agreement. |
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What happened in Shanklin Pier? |
S employed to paint a pier. S instructed to buy paint from D. Paint meant to last 7 years; lasts 3 months. Held: collateral contract between S and D. |
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Where do collateral contracts usually occur? |
Between manufacturers and customers. |
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When is their no collateral contract? |
When intention can be established. |
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What happened in IBA v EMI? |
EMI to build TV mast for IBA. Actual work done by third party. Sub contractor wrote to IBA saying that the structure will not break. Breaks. Letter had no contractual force. |
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The privity rule provides that the claimant must show that...(2) |
1. Promise was made to him. 2. Consideration for that promise moved from him. |
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What happened in Beswick? |
Aunt possible third party. Nephew contracted to look after her. No consideration from aunt. No a party to the contract. |
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What did the recent reform to this rule do? |
Not allow the enforcement of burdens against third parties only benefits may be enforced by third party. |
