Doctrine of Privity of Contract


Privity of contract means relationship existing between the parties who have entered into agreement. There are two consequences of the doctrine of privity of contract.
1. A person who is not a party to a contract cannot sue upon it even thouth the contract is for his benefit and he provided consideration.
Example:
X owes Rs. 1 Lac to Y. X sells his house to B for Rs. 1 Lac. And asks B to pay to Y. B fails to pay. Y cannot sue B because he is not a party to the contract.
2. A contract cannot confer rights or impose obligations arising under it on any person other than the parties to it.
Example:
Dunlop sold tyres to D, on the condition that he will not sell the tyres to the public below Dunlop’s list price. D sold tyres to S on this condition. S further sold them below the list price. It was held that the Dunlops could not sue S, as he was a stranger to the contract. (Dunlop Tyres Co. vs. Selfridges Lts).
Stranger to the Contract:
A person who is not a party to the contract is calles stranger to the contract. A stranger to the contract cannot sue because he has no privity of contract. The above rule is subject to the following exceptions:
1. Trust:
In case of trust, the beneficiary can sue to enforce his rights under the trust, though he is not a party to the contract.
Examples:
a. A transfers some property to B under trust for the benefit of M. M can enforce the agreement. (M.K. Ropai vs. John).
b. An addressee of an insured article can sue the Post Office in case of loss; because on receipt of article, the post office becomes trustee for the addressee. (Amir Ullah vs. Central Government).
Charge:
A person in whose favor, a charge on some specific immovable property has been created, may enforce it although he is a stranger to the contract.
Example:
A buys a house through HBFC. The house is under charge with HBFC. A sells the house to X without returning loan to HBFC. HBFC can sue X.
3. Family Settlements:
where provision is made for the marriage, partition of other family arrangements for the benefit of any member of a family, such member though not party to the agreements, can enforce the agreements.
Example:
On a partition of joint property, two brothers agreed to pay Rs. 300 to their mother for her manintenance. Held, she was entitled to recover. (Shuppu vs. Ammal).
4. Agent:
Where a person acts as agent for his principal, the principal can sue on a contract though he is not a party to a contract.
Example:
A appoints B as his agent to sell goods. B sells goods to X. X can sue A for defective goods though there is no direct contract between A and X.
5. Assignment:
In assignment of rights under a contract in favour of a third party voluntarily or by operation of law, the assignee can enforce the contract.
Example
A assigned his insurance policy in favour of his wife. The wife can enforce it although she is not a party to the contract.
Nadeem Khan Khattak

The writer is an international journalist, commentator and has vast experience in the international Politics & Finance. He is providing the most recent information, and reasonable discussions with proofs. If any readers want to contact him or ask a question, you can reach him by writing in the comment section.

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