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A Level Law (Contract) Assignment 7 - Privity


 

Task

You will be set one of the following questions:

 

1. Jake is developing a leisure centre in time for the summer holiday trade and he contracts with Kanbild to undertake the installation of a swimming pool. Kanbild contracts with Mariner to supply pipes to build the pool. Kanbild begins work in January, but in May he informs Jake that he will not be able to complete the work because of the steep increase in the cost of materials.

Jake agrees to pay more than was originally agreed, so that Kanbild can obtain the materials needed to complete the pool on time. When the work is finished Jake refuses to pay the extra £2000. Six months after Mariner supplied the pipes, he has still not been paid by Kanbild. Both Kanbild and Mariner are now requesting payment from Jake.

Advise Jake whether he must pay Kanbild the extra £2000 and Mariner for the pipes.

(Q6 June 2000)

or

2. 'The third party rule can no longer be justified. It creates unfairness and prevents effect being given to the intentions of the contracting parties.'

Discuss this view of the doctrine of privity of contract and consider ways in which it could be reformed.

(Q5 June 1999)

or

3. Ursula's neighbour, Victor, regularly cleans her windows, for which she pays him £10. On one occasion whilst he is doing the work, Ursula mentions that she is worried about her garden which is in need of maintenance. Victor replies that he will do some work on it when he has the time. Two weeks later Ursula arrives home to find that Victor has mowed the lawns, planted new trees in the garden and cleaned her windows. She is very pleased and promises to pay him £70 for the work on the garden and the usual £10 for cleaning the windows.

Ursula receives a telephone call from Yolanda who supplied Victor with the trees for Ursula's garden. Yolanda requires payment of £50.

Advise Ursula whether she must pay Victor and Yolanda.

(Q8 June 1998)

or

4. 'The time has come for a change in the law to allow a third party to benefit from a contract made specifically for his or her benefit.'

Discuss this proposition in relation to the doctrine of privity.

(Q2 June 1997)

or

5. Is it right or fair that a person for whose benefit a contract has been made may not be able to enforce the benefit merely because of the limitations of the doctrine of privity?

(Q6 June 1995)

or

6. 'The legal effects of a contract are confined to the contracting parties.' (Pollock)

Comment on the accuracy of this statement and the problems caused by the doctrine of privity of contract.

(Q4 June 1992)

 

Guidance

My students should see me in the Law workshop or email me if help is required with this assignment.

 

Set: [date]

Due: [date]



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