Privity, Contract Law, Third party Research Papers (original) (raw)

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This article defends the common law traditional ‘third party rule’ - the rule that only the parties to a contract can enforce the contract. It argues that despite the rule’s near universal condemnation by judges, academics, and the Law... more

This article defends the common law traditional ‘third party rule’ - the rule that only the parties to a contract can enforce the contract. It argues that despite the rule’s near universal condemnation by judges, academics, and the Law Commission, the rule is a fundamental feature of contract law. Any duties owed to third parties - and it will be suggested that in certain circumstances they may be owed duties in contract and/or tort - are not duties to perform contracts to which the third parties are strangers. The article is in three parts. In the first part the third party rule is defined and defended. In the second part it is argued that the reason the results are so often unsatisfactory in what I shall call ‘privity cases’ - cases where a contractual obligation between A and B is intended to benefit a third party C - is not because of the third party rule, but because privity cases are a locus for a number of distinct, but general, problems in the law of obligations. The problems arise in respect of the proper protection of each of the three basic private law interests, viz: (i) the expectation interest; (ii) the reliance interest; and (iii) the restitution interest. In the final part, the Law Commission’s proposal to reform the third party rule is examined.

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  • Contract Law, Privity, Contract Law, Third party

This paper represents a deep analysis of one of the most famous cases of Western law: Donoghue v. Stevenson. Many legal principles arose from the ruling of the House of Lords: privity of contract, duty of care and, above all, negligence... more

This paper represents a deep analysis of one of the most famous cases of Western law: Donoghue v. Stevenson. Many legal principles arose from the ruling of the House of Lords: privity of contract, duty of care and, above all, negligence clearly considered as a tort.
Moreover, the document contains comparisons with other jurisdictions pertaining the neighbour principle.
Finally, the environmental problem of oil spills in Nigeria is dealt with legal postulates coming from the Donoghue case, purporting to stress the fundamental right to a clean environment for all human beings.

• • by Claudia Tarabù
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  • Civil Law, Law of Torts, Negligence and Accident Compensation, Legal Actions

Privity doctrine, even though it was meant to protect third parties, created numerous commercial hassles. Contracts (Rights of Third Parties) Act 1999 helped to reform Third Party rights aspects of the Privity. At the same time, the Act... more

Privity doctrine, even though it was meant to protect third parties, created numerous commercial hassles. Contracts (Rights of Third Parties) Act 1999 helped to reform Third Party rights aspects of the Privity. At the same time, the Act which is based on the Law Commission report (1996), did not abolish the doctrine, left the rule and exceptions intact for cases not covered by the statute. The Act has improved the law, but has not simplified it much . Third party rights would be effective only when the contract expressly states it or if the terms in contract expressly purported to confer a benefit on the third party and it can be interpreted that the third party can be permitted to have a remedy in pursuing such benefit against them . So, all these exceptions and statutes explained above are considered important and highly beneficial in circumventing the rule when third party rights need to be established.

• • by Femeena Mohamed
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  • Contract Law, Construction Law, Law of Contract, Privity, Contract Law, Third party

Common Law perspective on the doctrine of Mistake.

• • by mayungo mayungo
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  • Privity, Contract Law, Third party
• • by Akinniyi Emmanuel
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  • Privity, Contract Law, Third party, Privity of Contract
• • by Hemant K Chauhan
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  • Commercial Law, Privity, Contract Law, Third party
• • by Kit Miura
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  • Privity, Contract Law, Third party

Based on the Report which I wrote for the Law Reform Commission of Ireland, this article analyses the need to reform the law on privity of contract in Ireland, including a comparative analysis of reforms which have occurred in other... more

Based on the Report which I wrote for the Law Reform Commission of Ireland, this article analyses the need to reform the law on privity of contract in Ireland, including a comparative analysis of reforms which have occurred in other jurisdictions such as England, New Zealand and Canada

• • by Cliona Kelly
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  • Contract Law, Privity, Contract Law, Third party, Irish Contract Law, Privity of Contract
• • by June Ng
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  • Privity, Contract Law, Third party