Knowledge (XXG)

Privity

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141:, privity is said to preclude a party to a legal action from raising an issue that either was raised or could have been raised in previous legal action. Under federal law, "concepts summarized by the term privity are looked to as a means of determining whether the interests of the party against whom 149:
is "a convenient means of expressing conclusions that are supported by independent analysis." Because privity is actually a term to summarize a conclusion that one party was precluded, it "may exist for the purpose of determining one legal question but not another depending on the circumstances and
54:
dictates that persons may not reap the benefits nor suffer the burdens of a contract to which they were not a party. Under the doctrine, if a consumer bought goods from a retailer who had originally bought them from the manufacturer, then, if the goods proved faulty, the consumer should sue the
55:
retailer. The consumer could not sue the manufacturer in contract law because no contract existed between them. The retailer could then counterclaim against the manufacturer. In most cases, however, consumers may rely on the manufacturer's guarantee that will have been
106: 73: 246: 97: 28:, these relationships and obligations now fall within the scope of modern statutory laws, diminishing its relevance to modern proceedings. 251: 79:
However, the doctrine has not been completely abolished. In particular the question arises as to whether a third party (such as an
112: 24:
is a common law doctrine that governed the liability and obligations of contracting parties. Once an important concept in
76:, which allows non-party beneficiaries of a contract to enforce the contract, substantially modifying the doctrine. 95:) may rely upon an exemption clause limiting liability in a contact between two others. The matter was addressed in 169: 188: 159: 102: 202: 43: 37: 25: 146: 64: 164: 92: 142: 56: 119: 51: 69: 240: 68:
EWHC J57 (QB), but this case immediately revealed the limits of the doctrine and two
137: 84: 47: 88: 145:
is asserted were represented in prior litigation." Therefore, privity in
80: 132: 72:
reports proposed reform. Finally, English law was amended by the
192:, 333 U.S. 591, 597, 68 S. Ct. 715, 719, 92 L.Ed. 898 (1948). 105:
gave guidelines which were subsequently followed in
123:1 QB 158 also shed light on this area of law. 8: 74:Contracts (Rights of Third Parties) Act 1999 62:In England, the leading privity case was 180: 108:New Zealand Shipping v Sattersthwaite 7: 207:, 56 F.3d 343, 346 (2nd Cir. 1995). 14: 219:, 908 F.2d 1262 (5th Cir. 1990). 247:Legal doctrines and principles 1: 217:Meza v. General Battery Corp. 98:Scruttons v Midland Silicones 150:legal doctrines at issue." 268: 35: 252:United States federal law 205:, N.A. v. Celotex Corp. 170:Third party beneficiary 189:Commissioner v. Sunnen 160:Privity in English law 111:UKPC 1. The cases of 229:Chase Manhattan Bank 203:Chase Manhattan Bank 114:Norwich CC v Harvey 38:Privity of contract 147:federal common law 65:Tweddle v Atkinson 231:, 56 F.3d at 346. 165:Privity of estate 93:freight forwarder 42:The principle of 259: 232: 226: 220: 214: 208: 199: 193: 185: 143:claim preclusion 267: 266: 262: 261: 260: 258: 257: 256: 237: 236: 235: 227: 223: 215: 211: 200: 196: 186: 182: 178: 156: 129: 120:Adler v Dickson 52:law of contract 40: 34: 17: 12: 11: 5: 265: 263: 255: 254: 249: 239: 238: 234: 233: 221: 209: 194: 179: 177: 174: 173: 172: 167: 162: 155: 152: 133:US federal law 128: 127:US federal law 125: 117:1 WLR 828 and 101:UKHL 4, where 70:Law Commission 36:Main article: 33: 30: 15: 13: 10: 9: 6: 4: 3: 2: 264: 253: 250: 248: 245: 244: 242: 230: 225: 222: 218: 213: 210: 206: 204: 198: 195: 191: 190: 184: 181: 175: 171: 168: 166: 163: 161: 158: 157: 153: 151: 148: 144: 140: 139: 134: 126: 124: 122: 121: 116: 115: 110: 109: 104: 100: 99: 94: 90: 86: 82: 77: 75: 71: 67: 66: 60: 58: 53: 49: 45: 39: 31: 29: 27: 23: 22: 228: 224: 216: 212: 201: 197: 187: 183: 138:res judicata 136: 130: 118: 113: 107: 96: 78: 63: 61: 41: 32:Contract law 26:contract law 20: 19: 18: 241:Categories 176:References 48:common law 16:Legal term 103:Lord Reid 89:stevedore 59:to them. 154:See also 81:employee 57:assigned 131:In the 46:in the 44:privity 21:Privity 91:, or 85:agent 135:of 50:'s 243:: 87:, 83:,

Index

contract law
Privity of contract
privity
common law
law of contract
assigned
Tweddle v Atkinson
Law Commission
Contracts (Rights of Third Parties) Act 1999
employee
agent
stevedore
freight forwarder
Scruttons v Midland Silicones
Lord Reid
New Zealand Shipping v Sattersthwaite
Norwich CC v Harvey
Adler v Dickson
US federal law
res judicata
claim preclusion
federal common law
Privity in English law
Privity of estate
Third party beneficiary
Commissioner v. Sunnen
Chase Manhattan Bank
Categories
Legal doctrines and principles
United States federal law

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