Quiz Third Party Rights

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Question 1 / 20

What is privity of contract?

That only the parties to the contract can derive rights and duties from it

That third parties can sue in tort

That the common law can be unjust

That the courts have create piece-meal exceptions

The document that led to the Contracts Act 1999

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Question 2 / 20

Why was the law with relation to third parties rights in need of reform?

It was reliable

It hadn't been reformed in a long time

There was no statute governing it

The Government said so

It could be unjust

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Question 3 / 20

Which act governs Third party rights?

Third Parties Contract Act 2005

Contracts Act 1899

Right of Third Parties Act 1882

Contracts (Rights of Third Parties) Act 1999

Contracts and Third Parties Act 1995

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Question 4 / 20

In the case of Tweddle v Atkinson who was the contract between?

The plaintiff and the father

The plaintiff and the father in law

The father and father in law

The fiance and the father

The fiance and the father in law

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Question 5 / 20

Which of these is not a common law exception to the doctrine of privity?

Damages

Agency

Assignment

Collateral contracts

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Question 6 / 20

Why is a contract for agency enforceable?

Because the agent has entered the contract on behalf of the third party

Because the third party has enforced the contract against the principal

Because the principal and the third party contracted directly

Because the agent and the third party have a collateral contract

Because the agent has entered into the contract on behalf of the principal

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Question 7 / 20

Who can enforce third party rights for them?

The promisor

An agent

Tweddle

Their father

The promisee

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Question 8 / 20

On what date did the Contracts (Rights of Third Parties) Act 1999 come fully into force?

May 15, 2000

May 5, 2003

May 2, 2005

May 03, 2012

May 11, 2000

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Question 9 / 20

What does Section 1 (1) (a) do?

Allow a third party to enforce a contract if the term purports to confer a benefit on him

Allow a third party to enforce a contract if it expressly provides that he may

Allows a third party to enforce a neutral contract

Prevents a contract from being enforced with a third party

Prevents a contract from being enforced if it expressly says that a third party has no rights

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Question 10 / 20

What is a third party?

A party that is not a party to a contract

A party to a contract

A promisee

A promisor

An agent to a contract

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Question 11 / 20

What does s. 1 (1) (b) do?

Enforces third party rights where a contract expressly provides that they may

Stops s. 1 (1) (a) from applying if the parties did not intend that it should be

Defines the promisor and the promisee

Prevents the rescinding of a contract

Enforces third party rights where a contract purports to confer a benefit on the third party

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Question 12 / 20

Which section provides an exception where on proper construction of the contract it appears that the parties did not intend the term to be enforceable by a third party?

S. 1 (1)

S. 1 (1) (a)

S. 1 (1) (b)

S. 1 (7)

S. 1 (2)

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Question 13 / 20

What is a promisor?

The party to the contract by whom the term is enforceable against the promisor

The party to the contract against whom the term is enforceable by the third party

A party that is not a party to the contract

An agent who acts on behalf of the parties

The person who decides the contract

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Question 14 / 20

What is a promisee?

The party to the contract by whom the term is enforceable against the paromisor

The party to the contract against whom the term is enforceable by the third party

A party who is not a party to the contract

An agent who acts on behalf of the parties

The person who decides the contract

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Question 15 / 20

Which section provides the rules on variation and rescission?

S. 2 (1)

S. 2 (1) (a)

S. 2 (1) (b)

S. 2 (1) (c)

S. 3

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Question 16 / 20

How does s. 2 (1) (a) prevent the contract from being rescinded?

If the third party has communicated his assent to the term of the promisor

If the promisor is aware that the third party has relied on the term

If the promisor can reasonably be expected to have foreseen that the third party would rely on the term and the third party has in fact relied upon it

Contracts relating to bills of exchange

If the contract related to carriage of goods by sea, road or air

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Question 17 / 20

How does s. 2 (1) (b) prevent the contract from being rescinded?

If the third party has communicated his assent to the term of the promisor

Contracts relating to bills of exchange

If the promisor can reasonably be expected to have foreseen that the third party would rely on the term and the third party has in fact relied upon it

If the promisor is aware that the third party has relied on the term

If the contract related to carriage of goods by sea, road or air

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Question 18 / 20

How does s. 2 (1) (c) prevent the contract from being rescinded?

Contracts relating to bills of exchange

If the promisor is aware that the third party has relied on the term

If the promisor can reasonably be expected to have foreseen that the third party would rely on the term and the third party has in fact relied upon it

If the third party has communicated his assent to the term of the promisor

If the contract related to carriage of goods by sea, road or air

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Question 19 / 20

What section relates to defences?

S. 3

S. 6

S. 1

S. 4

S. 3 (1)

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Question 20 / 20

Which of these contracts is one that is not an exception under s. 6?

Bills of exchange

Employment contracts

Carriage of goods by sea, road or air

Promissory notes

Exclusion or limitation of liability clauses

A mistake in this Quiz ? Contact the author

What is privity of contract?

Why was the law with relation to third parties rights in need of reform?

Which act governs Third party rights?

In the case of Tweddle v Atkinson who was the contract between?

Which of these is not a common law exception to the doctrine of privity?

Why is a contract for agency enforceable?

Who can enforce third party rights for them?

On what date did the Contracts (Rights of Third Parties) Act 1999 come fully into force?

What does Section 1 (1) (a) do?

What is a third party?

What does s. 1 (1) (b) do?

Which section provides an exception where on proper construction of the contract it appears that the parties did not intend the term to be enforceable by a third party?

What is a promisor?

What is a promisee?

Which section provides the rules on variation and rescission?

How does s. 2 (1) (a) prevent the contract from being rescinded?

How does s. 2 (1) (b) prevent the contract from being rescinded?

How does s. 2 (1) (c) prevent the contract from being rescinded?

What section relates to defences?

Which of these contracts is one that is not an exception under s. 6?

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