Privity of Contract in UK Law
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Alfred McAlpine Construction Ltd v Panatown Ltd
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In the first formulation this approach can be seen as identifying a loss upon the innocent party who requires to instruct the remedial work. That loss is, or may be measured by, the cost of the repair. The essential for this formulation appears to be that the repair work is to be, or at least is likely to be, carried out. This consideration does not appear to be simply relevant to the reasonableness of allowing the damages to be measured by the cost of repair.
The solution is required where the law will not tolerate a loss caused by a breach of contract to go uncompensated through an absence of privity between the party suffering the loss and the party causing it. In such a case, to avoid the legal black hole, the law will deem the innocent party to be claiming on behalf of himself and any others who have suffered loss.
The problem which has arisen in the present case is one which is most likely to arise in the context of the domestic affairs of a family group or the commercial affairs of a group of companies. How the members of such a group choose to arrange their own affairs among themselves should not be a matter of necessary concern to a third party who has undertaken to one of their number to perform services in which they all have some interest.
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Albazero, The (Albacruz)
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Junior Books Ltd v Veitchi Company Ltd
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My Lords, that question does not arise for decision in the instant appeal, but in principle I would venture the view that such a clause according to the manner in which it was worded might in some circumstances limit the duty of care just as in the Hedley Byrne case the plaintiffs were ultimately defeated by the defendants' disclaimer of responsibility. I do not think that this development, if development it be, will lead to untoward consequences.
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Contracts (Rights of Third Parties) Act 1999
... ... to the provisions of this Act, a person who is not a party to a contract (a third party ) ... ...
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Marine Insurance Act 1906
... ... Marine Insurance ... 1: Marine insurance defined ... A contract of marine insurance is a contract whereby the insurer undertakes to ... be seaworthy at any stage of the adventure, but where, with the privity of the assured, the ship is sent to sea in an unseaworthy state, the ... ...
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Merchant Shipping Act Amendment Act 1862
... ... Part of the Principal Act, includes Interests arising under Contract and other equitable Interests; and the Intention of the said Act is that, ... following Events occur without their actual Fault or Privity, that is to say, ... (1.) Where any Loss of Life or personal Injury is ... ...
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Carriage of Goods by Sea Act 1971
... ... section shall be taken as applying anything in the Rules to any contract for the carriage of goods by sea, unless the contract expressly or by ... Fire, unless caused by the actual fault or privity of the carrier ... ...
- Recent Developments In Finance Litigation: Privity Of Contract Between Principal And Collecting Bank
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Court of Appeal artfully navigates questions on agency and privity
In Fairlight v Sotheby’s, the Court of Appeal considered whether a line of authorities relating to sub-agency could be applied to preclude privity of contract between the parties, and to excuse Fai...... ... v Sotheby’s, the Court of Appeal considered whether a line of authorities relating to sub-agency could be applied to preclude privity of contract between the parties, and to excuse Fairlight from returning proceeds received from the sale of a painting which had been rescinded on authenticity ... ...
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You Can Lead a Horse to Water
... ... be included in the JCT98, WCD98 and IFC98 forms of building contract, as well as associated sub-contracts as an optional provision. Until now, ... May 2000, provides an exception to the basic legal doctrine of privity of contract i.e. that a contract cannot confer rights or impose ... ...
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Leasehold Guarantees
... ... This is known as privity of contract ... The Landlord and Tenant (Covenants) Act 1995 (the ... ...