| Moreover, it is unfair to ask the defendant to take into account the commercial expectations of people with whom he or she is not in privity. |
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| Under the doctrine of privity, a contract creates rights and responsibilities for the parties to the contract, but for no-one else. |
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| In other words privity of estate arises when there is a relationship of landlord and tenant between the parties. |
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| Immediate parties are those who, in addition to the privity created by the bill, have a direct legal relationship with each other. |
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| Presumably, rights under the tenancy could be assigned, but the transfer of burdens would be ruled out by the privity of contract rules. |
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| That is, it is the expectations of the promisee that are frustrated by the doctrine of privity rather than those of the third party. |
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| A review of the case law is not helpful in determining the degree of interest which is required to create privity. |
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| The paper reviews the issue of privity of contract and third party beneficiaries. |
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| The definition of owner includes any person having an interest in the premises at whose request and with whose privity or consent an improvement is made to the premises. |
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| The doctrine of privity of contract with respect to third party beneficiaries is in need of reform. |
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| This is an example of the application of the contract law principle of privity. |
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| Further, the standard giving rise to lessor's duty is that the lessee is disadvantaged by a lack of privity. |
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| Those who favour reform to the doctrine of privity to ensure that third parties can enforce contracts intended for their benefit. |
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| For every argument against reforming the privity doctrine, a counter-argument can be made. |
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| Cardozo which removed the requirement of privity of contract for duty in negligence actions. |
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| Horizontal privity arises when the benefits from a contract are to be given to a third party. |
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| Where a tort is committed in the performance of acts governed by a contract, common law jurisdictions have traditionally required some privity of contract between the tortfeasor and the injured party. |
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| Under the 1969 CLC, the shipowner had been deprived of the right to limit his liability if the incident occurred as a result of the owner's actual fault or privity. |
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| Horizontal privity was also relaxed so as to extend warranty coverage to the buyer's family, household, and guests and even to bystanders in some states. |
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| Originally, warranties also contained a privity requirement i.e., any duties or protections imposed were extended only to those directly involved in the sales transaction. |
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| Moreover, it would go against the principle of privity of contracts. |
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| The result is a complex series of exceptions and judicial devices which, although mitigating the application of the privity doctrine, have not precluded the possibility of injustice occurring. |
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| The doctrine of privity emerged alongside the doctrine of consideration, the rules of which state that consideration must move from the promisee. |
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| The courts however decided that there was no privity of contract between manufacturer and consumer. |
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| In this way he finessed the problems caused by the doctrine of privity in a modern industrial society. |
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| The common law doctrine of privity of contract provides that only those who are party to a contract may sue or be sued on it. |
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| There is no privity of contract between the manufacturer and the consumer. |
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| It is important to note that the decision in Trident had no clear ratio, and did not create a general exemption to the doctrine of privity in Australia. |
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| As the plaintiff was not in a contract with the defendant the court ruled in favour of the defendant on the basis of the doctrine of privity of contract. |
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| An exception is where the auditor provides the third party with a privity letter, explicitly stating the third party can rely on the report for a specific purpose. |
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| In such cases, the privity letter establishes a duty of care. |
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| Vertical privity involves a contract between two parties, with an independent contract between one of the parties and another individual or company. |
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| Privity of contract occurs only between the parties to the contract, most commonly contract of sale of goods or services. |
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