Basics of privity

The doctrine of privity

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  • Created by: Tiffany
  • Created on: 01-11-11 15:35

What is privity?¿?

Between 2 parties
Rights and obligations
Therefore 3rd parties have no rights and cannot have obligations imposed on them

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Reasoning

Bargain made between 2 parties
Fully aware of intentions and terms
3rd party involved in formation
3rd party provided no consideration
NO rights
Obligations should not be imposed without consent

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Exceptions

Wills
-the contract is between the solicitor and client
-3rd party=beneficiary
Agents(estate, solicitors, football,celebrity & travel)
-compulsory car insurance (3rd party is the individual who gets injured)
-this enforced by statute
-it is for road safety
Married women(statute)

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Overall

It is comparitively satisfactory doctrine of law and the statute makes it clears and solidifies the law.

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