Exam 9: Third Parties

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Under what circumstances would a person who is not party to a contract be able to enforce a term in his own right under the Contracts (Rights of Third Parties) Act 1999? Please select all that apply.

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A,C

If parties stipulate in their contract that the Contracts (Rights of Third Parties) Act 1999 does not apply, that provision has no effect.

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False

The Contracts (Rights of Third Parties) Act 1999 has created a major exception to the rule that a contract between A and B cannot impose duties on C.

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The Contracts (Rights of Third Parties) Act 1999 replaces the common law on privity.

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Would A be liable if he knowingly induced B to break his contract with C?

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When might you be liable for another's contractual obligations on the acquisition of property?

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Which of the following options explain why the rules developed by the common law on privity remain relevant even after the enactment of the Contracts (Rights of Third Parties) Act 1999? Please select all that apply.

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Why did the claimant's action in Tweddle v Atkinson fail?

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What is the basis of the decision of the House of Lords in Panatown v Alfred McAlpine Construction?

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How did the Privy Council in The Eurymedon overcome the difficult question of consideration in order to hold that the stevedores could rely on the exemption clauses in the bill of lading?

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