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Field v Fitton : ウィキペディア英語版
Field v Fitton

Field v Fitton () 1 NZLR 482 is a cited New Zealand case regarding privity of contract.
==Background==
The Fields were trustees of an estate that had a property for sale. In 1987, they entered into a sale agreement with Brent Paulin, with the buyer being referred to in the sales agreement "Brent Paulin or nominee". It was done this way, as Mr Paulin thought he could onsell this property to a 3rd party for a profit before the settlement date.
Within 2 days, Fitton came along, who purchased Paulin's right to purchase for $15,000.
However, when Fitton's solicitor informed the trustees that he was now the nominee for the purchase, they refused to deal with them directly, as they were worried that by dealing with a nominee, rather than Paulin, they might be liable for 2 separate amounts of stamp duty.
The trustee's continued to deal with Paulin directly, however as Paulin had sold his interest, he ignored their requests to continue with the sale process, resulting in no settlement on settlement day.
As a result, the vendors cancelled the sale.
Mr Fitton, not happy with this development, sued the trustees, challenging the cancellation, claiming that under sections 4 and 8 of the Contracts (Privity) Act, he had all the legal rights to the sales agreement that Paulin had.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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