Privity of Contract
This lecture covers the doctrine of the Privity of Contract. A contract creates rights and obligations only between the parties to it. A contract does not confer rights on a stranger, nor does it impose obligations on a stranger. It is a fundamental principle of the common law, therefore, that no person can sue or be sued on a contract unless he is a party to it. This lecture focuses on the cases and on the ratio of the case, i.e. the reason for the decision, and how the case arrives out of the general principle.
Learning Outcomes
By the end of this lecture you will:
Understand the concept of privity of contract;
Be aware of the changes made to the law by the Contracts (Rights of Third Parties) Act 1999;
Understand the statutory and common law exceptions to the rule of privity of contract.
Cases
Definition
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847
Tweddle v Atkinson (1861) 1 B & S 393
Rights of Third Parties Act 1999
Nisshin Shipping Co Ltd v Cleaves and Co [2003] EWHC 2602 (Comm), [2004] 1 All ER (Comm) 481
Remedies for Third Parties: The Exceptions
Donoghue v Stevenson [1932] AC 562, H
Shanklin Pier v Detel Products Ltd [1951] 2 KB 854
Clarke v Dunraven [1897] AC 59
Scruttons v Midland Silicones [1962] AC 446
New Zealand Shipping Co Ltd v Satterthwaite & Co Ltd (The Eurymedon) [1975] AC 154
Smith & Snipes Hall v River Douglas Catchment Board [1949] 2 All ER 179, CA
Tulk v Moxhay(1848) 2 Ph 774
Right to Claim Damages
Jackson v Horizon Holidays Ltd [1975] 1 WLR 1468
Woodar Investment Development Ltd v Wimpey Construction (UK) Ltd [1980] 1 WLR 277
Beswick v Beswick [1968] AC 58
This lecture covers the doctrine of the Privity of Contract. A contract creates rights and obligations only between the parties to it. A contract does not confer rights on a stranger, nor does it impose obligations on a stranger. It is a fundamental principle of the common law, therefore, that no person can sue or be sued on a contract unless he is a party to it. This lecture focuses on the cases and on the ratio of the case, i.e. the reason for the decision, and how the case arrives out of the general principle.
Learning Outcomes
By the end of this lecture you will:
Understand the concept of privity of contract;
Be aware of the changes made to the law by the Contracts (Rights of Third Parties) Act 1999;
Understand the statutory and common law exceptions to the rule of privity of contract.
Cases
Definition
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847
Tweddle v Atkinson (1861) 1 B & S 393
Rights of Third Parties Act 1999
Nisshin Shipping Co Ltd v Cleaves and Co [2003] EWHC 2602 (Comm), [2004] 1 All ER (Comm) 481
Remedies for Third Parties: The Exceptions
Donoghue v Stevenson [1932] AC 562, H
Shanklin Pier v Detel Products Ltd [1951] 2 KB 854
Clarke v Dunraven [1897] AC 59
Scruttons v Midland Silicones [1962] AC 446
New Zealand Shipping Co Ltd v Satterthwaite & Co Ltd (The Eurymedon) [1975] AC 154
Smith & Snipes Hall v River Douglas Catchment Board [1949] 2 All ER 179, CA
Tulk v Moxhay(1848) 2 Ph 774
Right to Claim Damages
Jackson v Horizon Holidays Ltd [1975] 1 WLR 1468
Woodar Investment Development Ltd v Wimpey Construction (UK) Ltd [1980] 1 WLR 277
Beswick v Beswick [1968] AC 58
This lecture covers the doctrine of the Privity of Contract. A contract creates rights and obligations only between the parties to it. A contract does not confer rights on a stranger, nor does it impose obligations on a stranger. It is a fundamental principle of the common law, therefore, that no person can sue or be sued on a contract unless he is a party to it. This lecture focuses on the cases and on the ratio of the case, i.e. the reason for the decision, and how the case arrives out of the general principle.
Learning Outcomes
By the end of this lecture you will:
Understand the concept of privity of contract;
Be aware of the changes made to the law by the Contracts (Rights of Third Parties) Act 1999;
Understand the statutory and common law exceptions to the rule of privity of contract.
Cases
Definition
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847
Tweddle v Atkinson (1861) 1 B & S 393
Rights of Third Parties Act 1999
Nisshin Shipping Co Ltd v Cleaves and Co [2003] EWHC 2602 (Comm), [2004] 1 All ER (Comm) 481
Remedies for Third Parties: The Exceptions
Donoghue v Stevenson [1932] AC 562, H
Shanklin Pier v Detel Products Ltd [1951] 2 KB 854
Clarke v Dunraven [1897] AC 59
Scruttons v Midland Silicones [1962] AC 446
New Zealand Shipping Co Ltd v Satterthwaite & Co Ltd (The Eurymedon) [1975] AC 154
Smith & Snipes Hall v River Douglas Catchment Board [1949] 2 All ER 179, CA
Tulk v Moxhay(1848) 2 Ph 774
Right to Claim Damages
Jackson v Horizon Holidays Ltd [1975] 1 WLR 1468
Woodar Investment Development Ltd v Wimpey Construction (UK) Ltd [1980] 1 WLR 277
Beswick v Beswick [1968] AC 58