CELE SQE

CELE SQE1 模拟练习

Examination Timing: 00H02M01S

The Canine Welfare Society (CWS) contracted with Ken's Kennels for the supply of puppies to sell to reputable individuals. Linda bought one of the puppies from Ken's Kennels, subject to an express provision in the contract of sale, that CWS may enforce contractual rights against her if she is found to be mistreating the puppy. CWS has received credible evidence that Linda has mistreated the puppy.

Can CWS bring such an action against Linda under the Contracts (Rights of Third Parties) Act 1999, even though it does not benefit from the contract?

No, because there were insufficient ties of love and affection from Linda to the puppy for privity to extend to both of them.

No, because CWS, as a third party, does not have the ability to bring an action, even if the contract gives it an express right to do so.

Yes, because the contracting parties, Ken's Kennels and Linda, expressly provided for such a right of enforcement in the contract.

Yes, as long as the contract benefits CWS as the third party, by implication, this will be enough to raise the presumption that it has a right to enforce the contract.

Yes, CWS has a right of action if there is a benefit to it as the third party expressed in a term of the contract, even if it appears that Ken's Kennels and Linda did not expressly intend to do so.

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Section 1(1)(a) of the Contracts (Rights of Third Parties) Act 1999 states that a third party may enforce a term of the contract if the contract expressly provides that it may. In this case, the contract between Ken's Kennels and Linda specifically allows CWS to enforce contractual rights against Linda if she mistreats the puppy. Therefore, CWS can bring an action against Linda under this provision, even though CWS is not directly benefiting from the contract.

Key Point: The Contracts (Rights of Third Parties) Act 1999 allows third parties to enforce terms of a contract if the contract explicitly provides for this right. This legislation ensures that third parties can have enforceable rights when explicitly mentioned in a contract, overcoming traditional privity of contract limitations.

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Contract LawUnit 2Chapter 6: Parties to Contract

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