How can the privity rule be circumvented?Question 4Select one or more:a) Estoppel may be asserted by the person seeking to take the benefit of the contract.b) By the parties to a contract conferring a benefit on a non-party.c) The person seeking to take the benefit of the contract may be able to claim misleading or deceptive conduct.d) There may be an entitlement to claim damages in tort by the person seeking to benefit under the contract.
Question
How can the privity rule be circumvented?Question 4Select one or more:a) Estoppel may be asserted by the person seeking to take the benefit of the contract.b) By the parties to a contract conferring a benefit on a non-party.c) The person seeking to take the benefit of the contract may be able to claim misleading or deceptive conduct.d) There may be an entitlement to claim damages in tort by the person seeking to benefit under the contract.
Solution
The privity rule can be circumvented in several ways:
a) Estoppel: This is a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. If a person seeks to benefit from a contract, they may assert estoppel to prevent the other party from denying their right to the benefits.
b) Conferring a benefit on a non-party: The parties to a contract can circumvent the privity rule by explicitly conferring a benefit on a third party in the contract. This makes the third party a direct beneficiary of the contract, allowing them to enforce the contract even though they are not a party to it.
c) Claiming misleading or deceptive conduct: If a person seeking to take the benefit of the contract can prove that they were misled or deceived into entering the contract, they may be able to enforce the contract or claim damages.
d) Claiming damages in tort: A person seeking to benefit under the contract may be able to claim damages in tort if they can prove that they suffered a loss as a result of a breach of duty by one of the parties to the contract. This is a way of enforcing a contract indirectly, by suing for a tortious breach of duty rather than a contractual breach.
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