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Privity of Contract

Privity of Contract

Author: Michael Furmston; Gregory Tolhurst
Publisher: Oxford University Press
ISBN: 9780199677993
Published In: March 2015
Format: Hardback , 400 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The most comprehensive treatment of the doctrine of privity of contract in English Law
Comparative analysis with references to cases and legislation from a number of Commonwealth jurisdictions and the United States
Written by two well-known contract law scholars based at leading universities

This book, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore).

The work opens with a history of development of the privity rule and its place in English up to the enactment of the Contract (Right of third parties) Act 1999. The books considers common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. There is also consideration of the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promise where the loss suffered by reason of a breach of contract has been incurred by a third party.

The final chapters consider the position under the Contract (Right of third parties) Act 1999 and look at the international position, considering work undertaken by UNIDROIT.

This book fills a gap for a more thorough examination of the law of privity and is written by two well-known and experienced authors on contract law.

Readership: Judges and practitioners throughout the Common law world in the fields of commercial, corporate, banking, financial services, property and other civil law work and litigators involved in contractual disputes.

1: Origin of the rule and history to 1861
2: Modern History
3: Common Law and Equitable Exceptions
4: Statutory Exceptions
5: Operation of the Rule with Relation to Exemption Clauses
6: Enforcement by Promise
7: Attempts to Impose Liabilities or Burdens on Non-Parties
8: Contract (Right of Third Parties) Act 1999
9: Statutory Reform in Other Jurisdictions
10: Treatment by Unidroit

Professor Michael Furmston is a world-renown author and academic. He is Dean of the School of Law at Singapore Management University.

Professor Gregory Tolhurst is Professor of Commercial Law at Sydney Law School. He is widely published in the field of contract law and co-authored Contract Formation (OUP, 2010) with Professor Furmston.