Law 5110 Lecture Notes - Lecture 17: Sir Robert Mcalpine, Horizon Travel, Himalaya Clause
Document Summary
Linden gardens trust ltd v. lenesta sludge disposals ltd and st martins property corp. ltd v. sir. Works has been done by lsd over the removal of asbestos, which was not successfully achieved. Jackson v. horizon holidays ltd: sometimes we are contracting in order to confer a benefit upon other people, without conferring them as their agent. Contracts (rights of third parties) act 1999 devised to deal with the potential commercial inconveniences relating to the doctrine of privity. There is a real risk in drafting (especially when driven in an attempt to make an inclusive relationable matrix/sloppiness/in-house) of accidentally forming one of these clauses. Construction industry want to make contracts that confer benefits (contractors want the sub-contractors to confer a benefit upon the employee). Was not welcomed by the construction industry as they had already worked out a way around the issues - so they continue to use collateral warranties and exclude this act.
