JSB171 Lecture Notes - Lecture 1: Specific Performance, Estoppel, General Insurance
Document Summary
Textbook: 429, q & a: 38, study guide: 63. State common law general rule: a third party to a contract is unable to acquire rights or benefits under the contract (wilson v darling island stevedoring: apply to facts. Statutory exceptions: property law act 1974 (qld) s 55(1) i. Trustees: acting consistently with acceptance is not sufficient (re davies, apply to facts. b. Agency: if b is an agent for c in a contract with a, then the contract is taken to, in fact, be between a and c (trident) i. Immaterial that a is unaware that b is agent for c if a indicates willingness to contract with anyone authorised by b. This willingness is presumed unless a demonstrates otherwise (teheran eurpose v st. Belton): trust: if b holds property on behalf of c, c acquires an equitable interest in the promise.
