It is a fundamental principle that only those who are party to a contract can acquire obligations and rights under it. The common law has developed methods to avoid the harsh application of the principle of ‘privity’ and statute has created a general exception to the doctrine. In this lecture Anne Street explains the doctrine of privity and evaluates the common law and statutory challenges to it.
- Order securely online and get immediate access to the lecture.
Issues covered include: Meaning of privity; Problems with privity; the Common Law response – tort, agency, collateral contracts, expanding damages and trusts; The response of Parliament – the Contract (Rights of Third Parties) Act 1999 – implementation and effect.
Tweddle v Atkinson 1861; White v Jones ; the Eurymedon (New Zealand Shipping v Satterthwaite ); Scruttons v Midland Silicone (1961); Shanklin Pier Ltd v Detel Products Ltd ; Jackson v Horizon Holidays ; Darlington v Wiltshier ; Woodar v Wimpey (1980); Linden Gardens v Lenesta Sludge ; The Albazero ; St Martins v McAlpine ; Panatown v McAlpine ; Nisshin Shipping v Cleaves 2003.
Lecturer: Anne Street
Duration: 30 minutes