Common requirements contract for implementation of legislation: the secret
Tuesday, August 17th, 2010Common Law enforcement contracts Requirements: secret
core of contract law, the concept of confidentiality agreements. One of the basic tests that a contract binds a particular person is a relationship of trust exists. No secret there is no binding contractual obligation. This problem affects more contracts to implement the training, the contract may exist, but often overlooked, are key questions: “Who can bring an action in contract, and” who is responsible, “according to the contract? The issue of privacy is also a matter of logic. In free society has no obligation to contract for the most part. It is logical that the common law limits the contractual rights and obligations to a narrow group of people. Therefore, there are two parts of the state: />
* nobody can get right under the contract, for which he / she is not a party.
* Third parties, ie persons who are party can not be held responsible for />
This contract, in essence, is the science of secret contract. />
House of Lords decision in 1968 cases in Beswick [Beswick 1968] AC 58 is authority that best explains the secrets and rejects the alternative idea that each recipient of a contract may sue on it (search for Lord Denning in the Appeal court. In this case, an aging man, Peter Beswick, due to his business his nephew. for the duration of the contract was paid a weekly pension after the death of Ms. Beswick Mr Beswick.’s nephew ruled after the death of Peter, it is not required to pay rent as Mrs. Beswick was not a party contract. the court rejected the argument. But Mrs. Beswick was able to enforce the contract as administratrix of the estate. Beswick, where he stands in the shoes of the dead, it became a contracting party, and therefore entered into a secret relationship with her nephew.
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It is important to realize that this doctrine privities exclude third party rights acquired under the contract, even though the party is mentioned explicitly mentioned in the contract as a beneficiary provisions of this contract. So, for example, is where X and Y agree that XY should be compensated for services poskytnuta Z, then Z is able při prosazování law which are zřejmě up to it under contract If Y fails své závazky.
A few exceptions to this rule. under the law of agency, where B is secretly acting for C, C may intervene to enforce a contract between A and B. In this case, B will fall outside the contract will one that connects directly to C. It was also the Highway Act 1988, persons designated in the policy of insurance against civil car company can sue to enforce security policies in their favor.
When the obligation arising from contract ? />
rule that outsiders can not incur obligations under a contract, subject to several exceptions. This has allowed foreign law, which may be affected or WHERE commercial use offers customs and trade. limiting the impact of land contract may have implications for third parties, and You can run with the land. />
-term contracts, which affect third parties, where P is a real asset purchase, which is the subject of a contract to third parties or specifically named or clearly identifiable class member.
