- 9 Marks
Question
In the law of contract, there is the principle of privity of contract. However, there are some exceptions to this principle.
You are required to:
(i) Explain briefly the principle of privity of contract. (3 Marks)
(ii) Explain THREE exceptions to the principle of privity of contract. (6 Marks)
Answer
(i) The general rule of privity of contract is that a person who is not a party to the contract cannot bring an action or be sued on it. For a person to be a party to a contract or be privy to it, they must have furnished consideration unless the contract is under seal.
(ii) Exceptions to the general rule of privity of contract are as follows:
- A principal, who is not a party to the contract, can sue in respect of a transaction entered into on their behalf by an agent.
- A beneficiary under a will can sue to enforce the will even though they are not a party to its making.
- An assignee of a debt may sue the original debtor if the assignment is a legal one.
- An injured party can sue the insurer of the wrongdoer in an accident case to enforce their right
- Tags: Contract Law, Contractual Relationships, Privity of Contract
- Level: Level 1
- Topic: Law of Contract
- Series: NOV 2013
- Uploader: Theophilus