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Tweddle v Atkinson

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9 Terms

1

Tweddle v Atkinson

Only a person who is a party to a contract can sue on it.

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2

Tulk v Moxhay

Restrictive covenants run with the land, so continue apply to anyone who owns the land, even if there is no consideration with the original owner.

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3

Jackson v Horizon Holidays

Damages on behalf of another.

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4

Shanklin Pier v Detel Products

Collateral contracts are when two contracts are made, the second is made specifically because of the first contract, and there is a guarantee of quality in the second contract.

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5

S1(1)(a)

Where the contract expressly states that a third party can enforce it.

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6

S1(1)(b)

Where a contract purports to confer a benefit on a third party.

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7

S1(2)

Person A and Person B can also exclude third party rights if they specifically put this in their contract.

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8

S1(3)

For either exceptions to apply the third party must be identified.

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9

Nisshin Shipping v Cleaves

Reported case on the Act so far using S1(1)(b) where a contract purports to confer a benefit on a third party.

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