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Privity of Contract Doctrine The privity of sate aim doctrine dictates that but persons who are parties to a promise are entitled to shoot down action to use it. A person who stands to gain a benefit from the contract (a third troupe beneficiary) is non entitled to take each enforcement action if he or she is denied the promised benefit. Example: A promises B, for term moving from B, to consecrate C $ 100. Here A and B are parties to the contract privy to the contract and target fulfill each other if thither is a falling out by the other. C is not a party to the contract and arsenot action A is A fails to pay C the vegetable marrow of $ 100. A classic authority for the doctrine is Dunlop Pneumatic tyre Co Ltd v Selfridge & Co [1915] AC 847, where at 853, Viscount Haldane express: My Lords, in the law of England certain principles are fundamental. One is that unless a person who was party to a contract set up march on it. Our law knows nothin g of a jus quaesitum tertio [third party well(p) of action] arising by way of contract. See also Coulls v Bagots Executor & Trustee Co Ltd (1967) 119 CLR 460, at 478, per Barwick CJ. 2.Privity and its Relationship to the Doctrine of musing When aspect at the doctrine of servant we observed the dull hard that consideration must move from a promisee, or, in other words, that only a person who has provided consideration can enforce a promise. In the above example iodine could have argued that C could not sue on the tail that C had not provided any consideration for As promise to pay C the sum of $ 100. This raises the question of whether there is a singularity betwixt the privity and consideration rules. This question has generated commodious discussion in academic circles and there is a form of opinion between those who say the rules are in item one rule differently expressed and those who argue that the ii rules are distinct. In the cases, the relatively scant references to the question run to su! pport the two separate...If you want to get a in force(p) essay, order it on our website: BestEssayCheap.com

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