Classic Classic Quiz Third Party Rights by Diamondsareforever Diamondsareforever 19 played - 12 yrs ago A quiz about third party rights within the UK law. QUIZ 20 QUESTIONS expert 1 What is privity of contract? That only the parties to the contract can derive rights and duties from itThat third parties can sue in tortThat the common law can be unjustThat the courts have create piece-meal exceptionsThe document that led to the Contracts Act 1999 2 Why was the law with relation to third parties rights in need of reform? It was reliableIt hadn't been reformed in a long timeThere was no statute governing itThe Government said soIt could be unjust 3 Which act governs Third party rights? Third Parties Contract Act 2005Contracts Act 1899Right of Third Parties Act 1882Contracts (Rights of Third Parties) Act 1999Contracts and Third Parties Act 1995 4 In the case of Tweddle v Atkinson who was the contract between? The plaintiff and the fatherThe plaintiff and the father in lawThe father and father in lawThe fiance and the fatherThe fiance and the father in law 5 Which of these is not a common law exception to the doctrine of privity? DamagesAgencyAssignmentCollateral contracts 6 Why is a contract for agency enforceable? Because the agent has entered the contract on behalf of the third partyBecause the third party has enforced the contract against the principalBecause the principal and the third party contracted directlyBecause the agent and the third party have a collateral contractBecause the agent has entered into the contract on behalf of the principal 7 Who can enforce third party rights for them? The promisorAn agentTweddleTheir fatherThe promisee 8 On what date did the Contracts (Rights of Third Parties) Act 1999 come fully into force? May 15, 2000May 5, 2003May 2, 2005May 03, 2012May 11, 2000 9 What does Section 1 (1) (a) do? Allow a third party to enforce a contract if the term purports to confer a benefit on himAllow a third party to enforce a contract if it expressly provides that he mayAllows a third party to enforce a neutral contractPrevents a contract from being enforced with a third partyPrevents a contract from being enforced if it expressly says that a third party has no rights 10 What is a third party? A party that is not a party to a contractA party to a contractA promiseeA promisorAn agent to a contract 11 What does s. 1 (1) (b) do? Enforces third party rights where a contract expressly provides that they mayStops s. 1 (1) (a) from applying if the parties did not intend that it should beDefines the promisor and the promiseePrevents the rescinding of a contractEnforces third party rights where a contract purports to confer a benefit on the third party 12 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) 13 What is a promisor? The party to the contract by whom the term is enforceable against the promisorThe party to the contract against whom the term is enforceable by the third partyA party that is not a party to the contractAn agent who acts on behalf of the partiesThe person who decides the contract 14 What is a promisee? The party to the contract by whom the term is enforceable against the paromisorThe party to the contract against whom the term is enforceable by the third partyA party who is not a party to the contractAn agent who acts on behalf of the partiesThe person who decides the contract 15 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 16 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 promisorIf the promisor is aware that the third party has relied on the termIf 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 itContracts relating to bills of exchangeIf the contract related to carriage of goods by sea, road or air 17 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 promisorContracts relating to bills of exchangeIf 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 itIf the promisor is aware that the third party has relied on the termIf the contract related to carriage of goods by sea, road or air 18 How does s. 2 (1) (c) prevent the contract from being rescinded? Contracts relating to bills of exchangeIf the promisor is aware that the third party has relied on the termIf 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 itIf the third party has communicated his assent to the term of the promisorIf the contract related to carriage of goods by sea, road or air 19 What section relates to defences? S. 3S. 6S. 1S. 4S. 3 (1) 20 Which of these contracts is one that is not an exception under s. 6? Bills of exchangeEmployment contractsCarriage of goods by sea, road or airPromissory notesExclusion or limitation of liability clauses A mistake in this Quiz ? Contact the author Commentaires
