Help with Privity of contract and Damages??Watch
I feel really thick because I've finally hit a brick wall with my contract revision and my exam is next week...I'm really confused about the situations in which a third party can claim damages for a breach of contract.
In a situation where C contracts with D to provide something for X, is X unable to sue due to privity of contract? And what is the Albazero exception?
Finally, how is the case of Alfred Mcalpine v Panatown relevant to this at all?
Haven't studied contract in a while so I can't help you on Albazero and Panatown (though I remember them being fairly significant for something or other), but it sounds like you're unaware of the effects of the Contracts (Rights of Third Parties) Act which is incredibly significant for this area.
My lecture slides/notes/help are equally as confusing as each other and I can't find anything conclusive on the web so this is kind of my last resort.
'In a commercial contract concerning goods where it is in the contemplation of the parties that the proprietary interest in the goods may be transferred to another before any breach causing damage to the goods, an original party to the contract is to be treated as having entered into the contract for the benefit of the other person and may recover the actual loss suffered by that person'.