In Search of a Mythical Exception to Privity of Contract in Indian Law
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Privity of Contract
PRIVITY OF CONTRACT Michael Furmston GJ Tolhurst http://www.pbookshop.com 1 1 Great Clarendon Street, Oxford, OX2 6DP, United Kingdom Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Michael Furmston and GJ Tolhurst 2015 The moral rights of the authors have been asserted First Edition published in 2015 Impression: 1 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this work in any other form and you must impose this same condition on any acquirer Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America British Library Cataloguing in Publication Data Data available Library of Congress Control Number: 2014960259 ISBN 978–0–19–967799–3 Printed and bound by CPI Group (UK) Ltd, Croydon, CR0 4YY Links to third party websites are provided by Oxford in good faith and for information only. -
Imagereal Capture
JOSHUA WILLIAMS MEMORIAL ESSAY 1981 Sir Joshua Strange Williams, who was resident Judge ofthe Supreme Court in Dunedin from 1875 to 1913, left a portion of his estate upon trust for the advancement of legal education. The trustees ofhis estate, the Council ofthe Otago District Law Society, have therefrom provided an annual prize for the essay which in the opinion ofthe Council makes the most significant contribution to legal knowledge and meets all re quirements ofsound legal scholarship. We publish below the winning entry for 1981. PRIVITY OF CONTRACT: PROPOSED REFORM IN NEW ZEALAND GD PEARSON· I INTRODUCTION The doctrine of "privity of contract" has been concisely defined as the principle that "a contract cannot (as a general rule) confer rights or im pose obligations arising under it on any person except the parties to it".1 The doctrine has been much criticised, for example in Woodar Invest ment Development Ltd v Wimpey Construction UK Ltd2 Lord Scarman commented: 3 "If one had to contemplate a further long period of Parliamentary procrastination, this House might find it necessary to deal with [privity of contract] ..." If the opportunity arises, I hope the House will reconsider Tweddle v Atkinson4 and the other cases which stand guard over this unjust rule. In New Zealand the Contracts and Commercial Law Reform Committee has considered privity of contract. The Committee presented its Report to the Minister of Justice on 29 May 1981. In that Report the Committee expressed dissatisfaction with privity of contract at common law, in as much as it prevents a third party suing to enforce a benefit conferred by the parties to a contract. -
Macfarlane2019.Pdf
This thesis has been submitted in fulfilment of the requirements for a postgraduate degree (e.g. PhD, MPhil, DClinPsychol) at the University of Edinburgh. Please note the following terms and conditions of use: This work is protected by copyright and other intellectual property rights, which are retained by the thesis author, unless otherwise stated. A copy can be downloaded for personal non-commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the author. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the author. When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Privity and Exceptions to Privity in Scots Private Law: A New Taxonomy Lorna Jane MacFarlane Presented for the degree of Doctor of Philosophy University of Edinburgh 2018 i Abstract The doctrine of privity of contract broadly provides that a contract should neither benefit nor burden parties external to the contract. This thesis can be divided into two parts: the first on privity itself, and the second on its exceptions. The first part contains a historical analysis of the development of privity, leading to the provision of a definition of privity in modern Scots law. It also examines whether privity is compatible with the leading theories of Scots contract law (will theory, promissory theory, and assumption theory) and considers the relationship between privity and third party rights. -
Privity of Contract Contracts for the Benefit of Third Parties
PRIVITY OF CONTRACT CONTRACTS FOR THE BENEFIT OF THIRD PARTIES LAW COMMISSION LAW COM No 242 The Law Commission (LAW COM No 242) PRIVITY OF CONTRACT: CONTRACTS FOR THE BENEFIT OF THIRD PARTIES Item 1 of the Sixth Programme of Law Reform: The Law of Contract Presented to Parliament by the Lord High Chancellor .. by Command of Her Majesty July 1996 LONDON: HMSO E18.20 - - Cm 3329 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are: The Honourable Mrs Justice Arden DBE, Chairman Professor Andrew Burrows Miss Diana Faber Mr Charles Harpum Mr Stephen Silber QC The Secretary of the Law Commission is Mr Michael Sayers and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London, WClN 2BQ. The terms of this report were agreed on 19 June 1996. I .. 11 THE LAW COMMISSION PRIVITY OF CONTRACT: CONTRACTS FOR THE BENEFIT OF THIRD PARTIES CONTENTS Paragraph Page SECTION A: BACKGROUND PART I: INTRODUCTION 1 PART 11: THE PRESENT LAW AND CALLS FOR REFORM 1. The Present Law 2.1 6 (1) A Brief Statement of the Third Party Rule in Contract 2.1 6 (2) Development of the Third Party Rule 2.2 6 (3) Existing Exceptions to, or Circumventions ofJ the Third Party Rule 2.8 9 Trust of the Promise 2.8 9 Covenants Concerning Land 2.10 10 Tort of Negligence 2.13 12 Agency 2.15 14 Assignment 2.16 15 Collateral Contracts 2.18 16 Techniques Used to Enable Third Parties to Take the Benefit of Exclusion Clauses 2.19 16 Promisee’s Remedies Assisting the Third Party -
Report on Privity of Contract and Third Party Rights
report PRIVITY OF CONTRACT AND THIRD PARTY RIGHTS (lrc 88 – 2008) © copyright law reform commission 2008 First published February 2008 ISSN 1393-3132 i lAw reForM coMMissioN THE LAW REFORM COMMISSION’S ROLE the law reform commission is an independent statutory body established by the Law Reform Commission Act 1975. the commission’s principal role is to keep the law under review and to make proposals for reform, in particular by recommending the enactment of legislation to clarify and modernise the law. since it was established, the commission has published over 130 documents containing proposals for law reform and these are all available at www.lawreform.ie. Most of these proposals have led to reforming legislation. the commission’s role is carried out primarily under a programme of law reform. its Third Programme of Law Reform 2008-2014 was prepared by the commission following broad consultation and discussion. in accordance with the 1975 Act, it was approved by the government in december 2007 and placed before both houses of the oireachtas. the commission also works on specific matters referred to it by the Attorney general under the 1975 Act. since 2006, the commission’s role includes two other areas of activity, statute law restatement and the legislation directory. statute law restatement involves the administrative consolidation of all amendments to an Act into a single text, making legislation more accessible. under the Statute Law (Restatement) Act 2002, where this text is certified by the Attorney general it can be relied on as evidence of the law in question. the legislation directory - previously called the chronological tables of the statutes - is a searchable annotated guide to all legislative changes. -
Transferred Loss
U NIVERSIDADE C A T Ó L I C A P O R T U G U E S A - E SCOLA DE DIREITO C A T Ó L I C A G L O B A L S C H O O L O F L AW ______________________________________________________________________ T RANSFERRED LOSS : A BLACK HOLE IN E NGLISH LAW OF CONTRACT ? Research Master ’ s D e g r e e Mestrado Orientado para a Investigaç ão Nuno Miguel B. Coelho Santos Félix Trabalho Final de Mestrado - Final Paper Oriented by / Orientado por: Professor Doutor Luís Fábrica November 2010 / Novembro 2010 C A T Ó L I C A G L O B A L S C H O O L O F L AW ______________________________________________________________________ 2 T RANSFERRED LOSS : A BLACK HOLE IN E NGLISH LAW OF CONTRACT ? ______________________________________________________________________ “Hominem unius libri timeo” I fear the man of a single book St Thomas Aquinas 3 C A T Ó L I C A G L O B A L S C H O O L O F L AW ______________________________________________________________________ 4 U NIVERSIDADE C A T Ó L I C A P O R T U G U E S A - E SCOLA DE DIREITO C A T Ó L I C A G L O B A L S C H O O L O F L AW ______________________________________________________________________ PART I - INTRODUCTION 7 I.1 – FOREWORD 8 I.2 – THE PROBLEM 11 I.3 – AN AT LEAST TWO-MILLENNIA OLD DEBATE 14 I.4 – THE GERMAN PERSPECTIVE: DRITTSCHADENSLIQUIDATION 15 I.5 – THE PRIVITY DOCTRINE 19 PART II - ALTERNATIVES TO TRANSFERRED LOSS 28 II.1 – TORT CLAIMS 30 II.2 – THIRD PARTY’S CONTRACT CLAIMS 45 III - TRANSFERRED LOSS IN ENGLISH LAW 49 III.1 – EARLY DEVELOPMENTS 50 III.2 – THE ALBAZERO PRINCIPLE 54 III.3 – PANATOWN: -
Privity of Contract: Third Party Rights
CONSULTATION PAPER PRIVITY OF CONTRACT: THIRD PARTY RIGHTS (LRC CP 40-2006) IRELAND The Law Reform Commission 35-39 Shelbourne Road, Ballsbridge, Dublin 4 © Copyright The Law Reform Commission 2006 First Published November 2006 ISSN 1393 - 3140 ii THE LAW REFORM COMMISSION Background The Law Reform Commission is an independent statutory body whose main aim is to keep the law under review and to make practical proposals for its reform. It was established on 20 October 1975, pursuant to section 3 of the Law Reform Commission Act 1975. The Commission’s Second Programme for Law Reform, prepared in consultation with the Attorney General, was approved by the Government and copies were laid before both Houses of the Oireachtas in December 2000. The Commission also works on matters which are referred to it on occasion by the Attorney General under the terms of the Act. To date the Commission has published 79 Reports containing proposals for reform of the law; 11 Working Papers; 39 Consultation Papers; a number of specialised Papers for limited circulation; An Examination of the Law of Bail; and 26 Annual Reports in accordance with section 6 of the 1975 Act. A full list of its publications is contained on the Commission’s website at www.lawreform.ie. Membership The Law Reform Commission consists of a President, one full-time Commissioner and three part-time Commissioners. The Commissioners at present are: President: The Hon Mrs Justice Catherine McGuinness, Supreme Court Full-time Commissioner: Patricia T. Rickard -Clarke, Solicitor Part-time Commissioner: Professor Finbarr McAuley Part-time Commissioner: Marian Shanley, Solicitor Part-time Commissioner: Donal O’Donnell, Senior Counsel Secretary/Head of John Quirke Administration: iii Research Staff Director of Research: Raymond Byrne BCL, LLM, Barrister-at-Law Legal Researchers: John P.