Enforceability Is The Degree To Which Agreement Is Manifest To Those Not Party To It

Given that the 1999 Act respects the right of the promise to enforce the contract as it is in force under customary law,[139] a question remains open as to the extent to which a promise on behalf of a third party can claim damages for a benefit if he or she has not suffered personal injury. In Jackson v Horizon Holidays Ltd,[140] Lord Denning MR ruled that a father could claim damages for the disappointment (beyond the financial cost) of a terrible holiday experience on behalf of his family. However, a majority of the House of Lords in Woodar Investment Development Ltd v Wimpey Construction UK Ltd[141] rejected any broad possibility for a party to claim damages on behalf of a third party, except perhaps in a limited number of consumer contracts. There is no disagreement as to whether this will continue. In The Satanita,[69] the rules of a yacht race provided that sailors had to pay, beyond the limits set by law, for all damage caused to other boats. The Court of Appeal decided that there was a payment contract resulting from the rules of competition between the owner of satanita and the owner of Valkyrie II, which it sank, although there was no clear offer that resulted in a clear acceptance between the parties at any time. . . .

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