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    I'm getting really stuck on this essay question - not even started!

    I'm struggling to break-down the question so I can start on the essay.

    The question is:

    Only in exceptional circumstances can a contracting party obtain damages for a loss suffered by a third party to the contract even though the contract is intended to benefit the third party. Discuss.
    I've been reading Finch & Fafinski, Legal Skills but it doesn't really help much. But, basically, I need help in trying to reword the essay title and help on pinpointing the subjects needed to answer the question.

    Thanks in advance.
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    Only in exceptional circumstances can a

    Contracting party obtain damages for loss suffered by a third party

    Where the contract is intended to benefit the third party

    Its awkward English (I'd say bad English in this day and age), but the idea is very simple. You have a contract designed to benefit a third party who is not party to that contract. When can a contracting party claim damages for loss suffered by that third party?

    Its a very important part of the Privity problem - on one hand, the third party can't enforce the contract directly because he isn't party to it. On the other, the contracting parties can't sue because they haven't suffered any loss themselves.

    You need to consider the different circumstances in which one might be able to claim for loss suffered by a third party, consider whether those circumstances are "exceptional" or routine and whether or not the law should take a stricter or more relaxed approach.
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    (Original post by Infuse)
    I'm getting really stuck on this essay question - not even started!

    I'm struggling to break-down the question so I can start on the essay.

    The question is:



    I've been reading Finch & Fafinski, Legal Skills but it doesn't really help much. But, basically, I need help in trying to reword the essay title and help on pinpointing the subjects needed to answer the question.

    Thanks in advance.
    Well, that's a essay/problem methodology book. I think you should just go to your subject book - Anson or McKendrick or whatever and go through privity.

    Only in exceptional circumstances - i.e. What are (if any) the rare circumstances?

    can a contracting party obtain damages for a loss suffered by a third party to the contract even though the contract is intended to benefit the third party. i.e. Third Party rights and damages.
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    I'd look at McKendrick or O'Sullivan and Hilliard to start with.

    Panatown is probably the case to start with on this sort of essay question, and then look at the cases cited there/the cases that cite it. Also worth checking out articles on the subject--use your texts to point you in the right direction. It's a tough case, though, so start with your texts.
 
 
 
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