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Essay / Research Paper Abstract
This 6 page paper considers English law and the doctrine of privity. Staring by defining the doctrine and looking at its’ close relationship with consideration the paper outlines the pressure for change, including the cases judged by Lord Denning, and then looks at The Contracts (Rights Of Third Parties) Act 1999 to consider the way this may impact on privity and how it may fall short of its’ original intentions. The bibliography cites 6 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEprivty.rtf
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Unformatted sample text from the term paper:
states that only those whom are party to a contract can take action regarding the contract. It is this doctrine that traditionally excluded third parties. Historically when there have been
problems the only way in which a third party could take action would be by way of a tort action, as established by the case of Donoghue v Stevenson (1932).
The same doctrine is also that which cannot bind third parties to terms and conditions in a contract to which they are not party. Recent attention may be seen as
changing the position slightly. The doctrine was one of the most controversial, for example, this may been seen as one that was
not always present, the case of Dutton v Pool (1677) 2 Lev 211 where a third party was allowed to sue when breach of contract occurred. However, the root of
the doctrine may be seen in the case of Tweddle v Atkinson (1861) 1 B & S 393 and also the leading case of Dunlop Pnumatic Tyre Company Ltd
v Selfridge [1915] AC 847. These cases also indicate how the doctrines of both privity and consideration are very close, and when looking at privity consideration also needs to be
examined. The traditional definition of consideration can be found in the case of with the case of Currie v Misa (1875) LR
10 Ex 153, where it is stated; "a valuable consideration, in the case if the law, may consist either in some right, interest profit or benefit accruing to one party,
or some forbearance, determent , loss or responsibility given, suffered or undertaken by the other" (McKendrick, 1998). However even this can be
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