Privity of Contract Q&A

These are the Privity of Contract Questions and Answers. Here you will find examples of answers available for the kinds of questions you could get on your coursework or examination. The answers are given i) discuss a problem question that looks at where no one can derive rights or obligations from a contract to which he has given no consideration and is hence not a party and the exceptions to this rule. There is some suggested reading in the form of a academic article, which is worth a read and two model essay questions and answers. These notes will demonstrate to students how to approach legal essays on this subject and how to provide straightforward advice.

Question 1

Jo books a holiday to Italy for her and her family through a tour operator based in the UK. She specifies that the accommodation must provide facilities for young children. When Jo and her family arrive, they are told that their specified accommodation is no longer available. The tour company offer Jo alternative accommodation located in the city centre. Due to its location the alternative accommodation does not provide any facilities for children; in fact, guests must be at least 18 years old in order to stay at this alternative accommodation.

Jo brings an action for breach of contract against the tour company claiming damages for the ruined holiday for herself and on behalf of her family.

Discuss the legal issues.

Article

Contract law: fulfilling the reasonable expectations of honest men.

Question 2

The Contract (Rights of 3rd Parties) Act 1999 has eased many of the problems presented by the doctrine of privity of contract but has not entirely removed them.

Discuss.