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Nominees and the Contracts (Privity) Act 1982

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dc.contributor.author McKay, Patricia
dc.date.accessioned 2011-06-30T04:07:31Z
dc.date.accessioned 2022-10-26T21:47:02Z
dc.date.available 2011-06-30T04:07:31Z
dc.date.available 2022-10-26T21:47:02Z
dc.date.copyright 2010
dc.date.issued 2010
dc.identifier.uri https://ir.wgtn.ac.nz/handle/123456789/25005
dc.description.abstract This paper concerns the nature of “or nominee” clauses in sale and purchase agreements. There has been a long-standing debate about whether a nominee can enforce such a contract under section 4 of the Contracts (Privity) Act 1982 (CPA 1982). The Supreme Court in Laidlaw v Parsonage held that the law on this point was settled, a nominee could enforce the benefit of the contract under section 4 of the CPA 1982. The Supreme Court held that there was no prospect of the nominees succeeding and the objections raised, in allowing a nominee to enforce under section 4, were unconvincing. This paper submits that this area of law was not settled in a satisfactory manner. There were legitimate objections raised in previous authorities that were not sufficiently dealt with in the summary judgment. This paper asserts that the Supreme Court should have allowed the appeal so as to enable these objections to have been dealt with in an agreeable manner. en_NZ
dc.format pdf en_NZ
dc.language en_NZ
dc.language.iso en_NZ
dc.publisher Te Herenga Waka—Victoria University of Wellington en_NZ
dc.subject Property sales en_NZ
dc.subject Sale of land en_NZ
dc.title Nominees and the Contracts (Privity) Act 1982 en_NZ
dc.type Text en_NZ
vuwschema.contributor.unit School of Law en_NZ
vuwschema.subject.marsden 390115 Property Law and Conveyancing en_NZ
vuwschema.type.vuw Bachelors Research Paper or Project en_NZ
thesis.degree.discipline Law en_NZ
thesis.degree.grantor Te Herenga Waka—Victoria University of Wellington en_NZ
thesis.degree.name Bachelor of Laws with Honours en_NZ

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