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The Contract (Rights of 3rd Parties) Act 1999 has eased many of the problems presented by the doctrine of privity of contract, but has not entirely removed them.
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The Contract (Rights of 3rd Parties) Act 1999 has eased many of the problems presented by the doctrine of privity of contract, but has not entirely removed them. Discuss. There are four basic questions regarding privity in contractual situations; 1. Can a person enforce a term of a contract to which they are not a party? 2. Can a person rely on a defence bases on terms in a contract to which they are not a party? 3. Can a contracting party rely on defences contained in their contract in order to answer claims brought by a person who is not a party to the contract? 4. Can a contracting party enforce terms against a person who is not a party to the contract? Privity was originally fiercely protected by Tweedle v Atkinson (1861) which refused rights of third parties within a contract. Dunlop..v Selfridge... [1915], reviewed the position and ruled out third party rights on the...
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