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Contract between parties A,B,C,D

  • 25-09-2012 07:35AM
    #1
    Registered Users, Registered Users 2 Posts: 160 ✭✭


    This is not an actual instance, just a question posed at work for the heck of it.

    If A bought a house of B(Builder).

    B employed C (Tradesman) for supply and install of say plumbing.

    C bought all materials from D(Merchant).

    Now, C never paid D in full and out of business. D had looked for money or as noted on invoice materials returned.

    C has already installed materials in B's house.

    B has already sold house to A. Deeds etc in the bank safe.

    Has D any recourse to recover possible items from A now.

    My thinking is that D had contract with C and not A/B so any and all liability lay with C. Once he was liquidated all "liabilities" rest with that.
    B hired C regardless but moreover B sold house to A with completed deeds now so basically D has no rights whatsoever to enter onto A's property without permission to ring a doorbell no mind recover items not paid for by C????

    Just curious as to how this may play out in a real life situation. I'm sure it's repeated time over in the current climate.


Comments

  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Krispie wrote: »
    This is not an actual instance, just a question posed at work for the heck of it.

    If A bought a house of B(Builder).

    B employed C (Tradesman) for supply and install of say plumbing.

    C bought all materials from D(Merchant).

    Now, C never paid D in full and out of business. D had looked for money or as noted on invoice materials returned.

    C has already installed materials in B's house.

    B has already sold house to A. Deeds etc in the bank safe.

    Has D any recourse to recover possible items from A now.

    My thinking is that D had contract with C and not A/B so any and all liability lay with C. Once he was liquidated all "liabilities" rest with that.
    B hired C regardless but moreover B sold house to A with completed deeds now so basically D has no rights whatsoever to enter onto A's property without permission to ring a doorbell no mind recover items not paid for by C????

    Just curious as to how this may play out in a real life situation. I'm sure it's repeated time over in the current climate.

    Privity makes my head hurt. Would superficies solo credit have any part to play in this type of scenario?


  • Registered Users, Registered Users 2 Posts: 4,624 ✭✭✭NoQuarter


    They can ring the doorbell as theres an implied right to approach someones door but the main answer is absolutely not. No recourse at all in that situation.


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