The doctrine of privity in the common law of contract provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it.
The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such.
However, the doctrine has proven problematic due to its implications upon contracts made for the benefit of third parties who are unable to enforce the obligations of the contracting parties.
Example
1. Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co [1915] AC 847
2. Coulls v Bagot’s Executor & Trustee Co Ltd (1967) 119 CLR 460, at 478, per Barwick CJ.
3. Coulls v Bagot’s Executor, at 478, Barwick CJ and, at 494, per Windeyer J; Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107, at 115-116, Mason CJ, Wilson J and at 164, per Toohey J.
4. Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107
5. New Zealand Shipping Co v A M Satterthwaite & Co Ltd (The Eurymedon) [1975] AC 154
No comments:
Post a Comment