LAWS104 Lecture Notes - Lecture 12: Selfridges, Specific Performance, Real Estate Broker

• School: Macquarie University
• Department: Law/Law Participation and Community Engagement
• Course: LAWS104
• Professor: Ilija Vickovich

Document Summary

A specific topic about who is entitled to enforce a contract, who can sue for breach of contract. Only parties to a contract can sue or be sued under that contract, only parties to a contract have rights and obligations to that contract. Strict interpretation of the privity rule, only parties bound under a contract are privy to the contract, and action may only be taken under that contract by the parties to enforce each other obligations. Tweddle v atkinson (1861) 121 er 762. Establishes the rule that only parties to a contract can sue or be sued under that contract. Dunlop pneumatic tyre co ltd v selfridge & co [1915] ac 847. There was no contract between them, dunlop was not privy to the contract between the wholesaler and the retailer and only the wholesaler could sue the retailer for the breach. Typical scenario of the application of the privy rule.