LW201 – LAW OF CONTRACT I

Topic 7 – Privity of Contract

Week 9
Tutorial/Discussion Forum 7
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Student Name: Christina Kaukare

ID #: s11135731

Issue: Whether Major Lazer has any legal rights under contract law or not?

Rule:
 Amino Qalovaki v Carpenters (Fiji)
 Dunlop Pneumatic Tyre Co v Selfridge [1915] AC 847.
 Tweddle v Atkinson [1861] EWHC QB J57 Application:

Application:

Davo, owner of TrustEm Electronics, had promised Major Lazer that "
TV is a work of superior quality, as everything produced by LifesGoodWhenThingsWork is
of the highest quality." Major Lazer bought a TV with his 50,000 vatu and
brought it home and installed it. Davo said he is not responsible for
because he is the retailer, whether the TV actually works or not, and that he manufactured
the TV, which he majors like suing
LifesGoodWhenThingsWork. Advise the laser.
According to The Doctrine of Privacy of Contract, a contractual agreement is binding only
between the parties to the agreement. Therefore, only one contracting party may be sued,
not a third party. In
relating to Amino Qalovaki v. Carpenters (Fiji), the Court held that the plaintiff could not sue
the
Defendant (the repair shop) because the contract was in fact between the insurance
company and the
Defendant. was dropped. Similarly, Major Lazer cannot sue the manufacturer for his
LifesGoodWhenThingsWork. Because the promise he made was by Davo (owner of
TrustEm Electronics) and the manufacturer in this case is a third party.

Conclusion:
Therefore, after weighing the possibilities, Major Laser cannot sue the manufacturer
LifesGoodWhenThingsWork. Secondly, because LifesGoodWhenThingsWork was not a
party to his contractual agreement between Davo and Major Lazer, and secondly, Davo
promised him, not LifesGoodWhenThingsWork. Under contract law, Major Lazer can sue
TrustEm Electronics.