13. Privity and the interests of third parties

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Legal Knowledge ◽  
Key Points ◽  
Specific Performance

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the privity rule, which states that only a party to the contract can sue upon it. It discusses the development of the privity rule; distinguishing the privity rule from the consideration rule; evading the privity rule; techniques for giving a right directly to a third party or apparent third party; specific performance in favour of a third party and damages for a third party’s loss and the Contracts (Rights of Third Parties) Act 1999.

13. Privity and the interests of third parties

2021 ◽  
pp. 345-364
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Legal Knowledge ◽  
Key Points ◽  
Specific Performance

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the privity rule, which states that only a party to the contract can sue upon it. It discusses the development of the privity rule, distinguishing the privity rule from the consideration rule, evading the privity rule, techniques for giving a right directly to a third party or apparent third party, specific performance in favour of a third party and damages for a third party’s loss, and the Contracts (Rights of Third Parties) Act 1999.

13. Privity and the interests of third parties

2019 ◽  
pp. 342-361
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Legal Knowledge ◽  
Key Points ◽  
Specific Performance

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the privity rule, which states that only a party to the contract can sue upon it. It discusses the development of the privity rule, distinguishing the privity rule from the consideration rule, evading the privity rule, techniques for giving a right directly to a third party or apparent third party, specific performance in favour of a third party and damages for a third party’s loss, and the Contracts (Rights of Third Parties) Act 1999.

4. Consideration and estoppel

2019 ◽  
pp. 71-102
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Third Party ◽  
Legal Knowledge ◽  
The Past ◽  
Key Points

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explains the nature of consideration with the aid of examples and discusses two basic definitions of consideration (consideration as a legal benefit or burden and as the price of a promise) as well as the past consideration rule. It addresses whether performance of an existing duty can count as a legal benefit or burden to form consideration for a promise. It considers existing public duties, existing duties owed to a third party and existing duties owed to the promisor. The chapter examines the related rules concerning part payment of a debt and the extent to which promises not supported by consideration can be enforced using promissory estoppel.

Contract Law Directions

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Contract Law ◽  
Third Parties ◽  
Final Part ◽  
Legal Knowledge ◽  
Legal Regulations ◽  
Undue Influence ◽  
Undergraduate Level ◽  
Key Points ◽  
The Creation

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about contents and borders and looks at positive terms, exemption clauses and misrepresentation. Part Three examines defects in terms of mistake, duress, undue influence and unconscionable bargains. The final part explains finishing and enforcing obligations. It analyses frustration, damages, specific remedies, and privity and the interests of third parties

4. Consideration and estoppel

2021 ◽  
pp. 71-102
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Third Party ◽  
Legal Knowledge ◽  
The Past ◽  
Key Points

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explains the nature of consideration with the aid of examples and discusses two basic definitions of consideration (consideration as a legal benefit or burden and as the price of a promise) as well as the past consideration rule. It addresses whether performance of an existing duty can count as a legal benefit or burden to form consideration for a promise. It considers existing public duties, existing duties owed to a third party and existing duties owed to the promisor. The chapter examines the related rules concerning part payment of a debt and the extent to which promises not supported by consideration can be enforced using promissory estoppel.

12. Specific remedies

2019 ◽  
pp. 324-341
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Personal Service ◽  
Anticipatory Breach ◽  
Service Contracts ◽  
Number Of Factors ◽  
Key Points ◽  
Specific Performance

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter considers remedies that directly address the issue of providing the innocent party with the performance that was expected. Their use depends on a number of factors, which means that they are not universally available and that the claimant will therefore often be left to his remedy in damages. The discussions cover actions for the price or other agreed sum, the rule in White and Carter v McGregor, affirmation and anticipatory breach. The chapter goes on to discuss specific performance and injunctions and the tests of damages being inadequate, mutuality plus other factors such as personal service contracts and the relevance of the need for supervision.

9. Duress, undue influence and unconscionable bargains

2021 ◽  
pp. 234-260
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Third Party ◽  
Legal Knowledge ◽  
Undue Influence ◽  
Key Points ◽  
The One

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter focuses on the principles applicable where a contract is entered into after there have been threats or improper influence brought to bear on one party or where the one-sided nature of the contract suggests that one party has been taken advantage of. The discussions cover duress (duress and pressure, threats against the person, threats against goods and economic duress); undue influence (actual undue influence, presumed undue influence and third-party cases); and unfairness and unconscionable bargains.

12. Specific remedies

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Legal Knowledge ◽  
Personal Service ◽  
Anticipatory Breach ◽  
Service Contracts ◽  
Number Of Factors ◽  
Key Points ◽  
Specific Performance

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter considers remedies that directly address the issue of providing the innocent party with the performance that was expected. Their use depends on a number of factors, which means that they are not universally available and that the claimant will therefore often be left to his remedy in damages. The discussions cover actions for the price or other agreed sum, the rule in White and Carter v McGregor, affirmation and anticipatory breach. The chapter goes on to discuss specific performance and injunctions and the tests of damages being inadequate, mutuality plus other factors such as personal service contracts and the relevance of the need for supervision.

9. Duress, undue influence and unconscionable bargains

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Third Party ◽  
Legal Knowledge ◽  
Undue Influence ◽  
Key Points ◽  
The One

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter focuses on the principles applicable where a contract is entered into after there have been threats or improper influence brought to bear on one party or where the one-sided nature of the contract suggests that one party has been taken advantage of. The discussions cover duress (duress and pressure, threats against the person, threats against goods and economic duress); undue influence (actual undue influence, presumed undue influence and third-party cases); and unfairness and unconscionable bargains.

4. Consideration and estoppel

2017 ◽  
Author(s):  
Richard Taylor ◽  
Damian Taylor
Keyword(s):  
Third Party ◽  
Legal Knowledge ◽  
The Past ◽  
Key Points

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explains the nature of consideration with the aid of examples and discusses two basic definitions of consideration (consideration as a legal benefit or burden and as the price of a promise) as well as the past consideration rule. It addresses whether performance of an existing duty can count as a legal benefit or burden to form consideration for a promise. It considers existing public duties; existing duties owed to a third party; and existing duties owed to the promisor. The chapter examines the related rules concerning part payment of a debt and the extent to which promises not supported by consideration can be enforced using promissory estoppel.

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