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COMM 393 (60)

Case Brief - Peacock V. Esquimalt & Nanaimo Railway Co. – PRIVITY OF CONTRACT.docx

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COMM 393
Patricia Mallia

Peacock V EsquimaltNanaimo Railway CoPRIVITY OF CONTRACTFactsPlaintiff put up a deposit on a land purchase on behalf of a syndicate of buyers Wessex Management West Steel Corp Darrell Brown and Alan Parkin from the defendants EsquimaltNanaimo Railway CompanyAs a condition of the purchase agreement if the contract is breached the purchasers are entitled to a refund of deposit net the necessary costs of cleanupA fire occurred which rendered the land nonmanageable for the purchasers a subsequent frustrating event thus discharging the contractThe plaintiff pursues a claim to the value of the deposit claiming that an oral agreement between itself and the defendants obligates the firm to return the deposit in the event the purchase is not completedThe defendants claim the plaintiff has no privity to the contract as a third party and has no title to repayment of the depositIssues1 Was the plaintiff a contracting party to the defendants for the purchase of property subject to the balance of probabilities2 Are the defendants liable to the plaintiff for the amount of the depositDecisions1 The plaintiff does not sati
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