1. Privity

3. 1) Laws of Succession -
2) Law of subrogation 3) Law of property
administratix
•Beswick v Beswick – •Relating to insurance •Purpose of the law of
widow sued to enforce contracts property was to
promise of payments by •Guarantor has the same consolidate enactments
the husband but as the rights as the principle relating to conveyances.
wife was not privy to the against the debtor No drastic changes is
contract, however as the intended so that the
adminstratix she was presumption as seen in
successful Beswick could only be
rebutted by clear
language
•There was a devisive
rejection of the scope of
s56(1) in the ruling in
Beswick

4. 4) Laws of Trust 5) Law of Agency 6) Law of Tort Statutes eg
• Property held by one • Agent may contract • Persons does not • Married women Acts
person for another on the part of the have the right to go • Insurance acts
Lloyds v Harper principal against contracting • Road Traffic Acts
where the father • Guarantor has the parties beyond there
formed a contract to same rights as the entitled benefits.
ensure that his son principle against the (Donoghue v
will be employed by debtor (Scrutton v Stephenson)
Lloyds and the court Midland – stevedores
agreed that where attempted to rely on
this contract is made an exclusion clause
the son should be between the shipping
able to recover as if company and the
the contract was with Plaintiffs but could
the son himself not succeed.
However Lord Reid
suggested that they
could be brought
into contractual
relations. See below

5. Lack of clarity (beswick v Tension between the literal
Beswick – widow was allowed and purpose rule as seen in
to sue as administratix and Beswick where the
could calim under the law of interpretation of the property
property act was concerned
Language was broad in
terms of the property Act
which was used with some
reluctance by the House of
Lords

6. Consideration –
Equity – Privity is
Privity bars a
not very rigid
claim despite
with equity.
consideration