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Syllabus B1g

Recap Notes on Doctrine of Privity 18 / 22

Only someone 'Privy' to the contract can sue

Basically if A does a deal with B for some goods and then B does a deal with C for the same goods then A can't sue C

Exceptions to this general rule

  1. Contract was assigned (from B to C)

  2. Theres a collateral contract (between A and C)

  3. The contract (between A and B) was created expressly with a 3rd party in mind (C)

  4. B was simply acting as an agent for A

  5. Contract specifically mentions the 3rd party (C)

  6. Motor Insurance claims

  7. A sues C in a different capacity

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