CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

Even if a contradictory statement turns out to be untrue, and therefore a misrepresentation, it can have the same effect on an e ...

A consumer – section 12 defines a consumer as follows: A party to the contract ‘deals as a consumer’ in relation to another par ...

is made to exclude or limit other liability, the court has to decide if this is reasonable. Reasonableness is interpreted to mea ...

Similar clauses are commonly found on such packets, sometimes the ‘right’ way up, sometimes at right angles, and always in small ...

The Unfair Terms in Consumer Contract Regulations 1999 These regulations were passed following the European Directive on Unfair ...

is people other than the Office of Fair Trading, such as the Consumers’ Association and the weights and measures authorities – t ...

The current position The common law went to great lengths to protect a party with weak bargaining power, whether or not in the p ...

has reviewed the whole package of legislation at the request of the Department of Trade and Industry. Their report entitled Unfa ...

Construction The main purpose rule – Glynn v Margetson. The contra proferentem rule – Houghton v Trafalgar Insurance. An overri ...

Note the supervisory role of the Director-General of Fair Trading. For reasonableness in limitation clauses see Photo Production ...

9 Privity of contract The rule of privity Thinking back to the definition of a contract (see Chapter 2), a contract is essential ...

We say that there is privity of contract between A and B, but none between A and C, or between B and C. C has not put anything i ...

As we have seen in Chapter 3 (confirmed in Dunlop v Selfridge), the principle that consideration must move from the promisee is ...

This is sensible law, and brings about justice in principle. The legal theory is more of a problem. Lord Denning’s idea was not ...

Established exceptions to the doctrine of privity of contract Statutory exceptions A number of these exist, for example: The Ma ...

Collateral contracts These are not strictly exceptions to privity, but have been used to circumvent the privity rule. Covenants ...

Similarly, this approach was applied to restrictive covenants, which may also run with the land, in the following case. Attempts ...

If allowed, this would mean that almost any restriction on the use of an item could be enforced against a subsequent owner who i ...

This could arise, for example, where A contracts with B to do something for the benefit of C. If B were to be considered as hold ...

So this method of creating a trust is not likely to operate generally as a method of evading the rules of privity. It should be ...