ADMS 2610 Lecture 7: Chapter 12
30 Sep 2015
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Document Summary
Chapter 12 the extent of contractual rights. Privity of contract: a person cannot incur liability under a contract to which he or she is not a party, unless from a statutory obligation or obligation imposed by law. Ex: law of partnership provides that a partner entering a contract acts as an agent for all partners and negotiates the agreement on their behalf. A person can acquire liability under a contract negotiated by others if the person accepts lands or goods that have conditions attached to them as a result of a previous contract. Statutory rights and liabilities: statutory assistance allows third parties to acquire rights and liabilities, otherwise, the common law rule concerning privity of contract would apply and third parties would be barred from receiving the benefits or liabilities. It would be up to the retailer: an alternative route, so to not broaden the exceptions to the privity of contract law of torts.
