You are on page 1of 1

Privity of contract occurs only between the parties to the contract.

 The doctrine of privity emerged alongside the


doctrine of consideration, the rules of which state that consideration must move from the promise, that is to say that if
nothing is given for the promise of something to be given in return, that promise is not legally binding unless promised
as a deed. 1833 saw the case of Price v. Easton, where a contract was made for work to be done in exchange for
payment to a third party. When the third party attempted to sue for the payment, he was held to be not privy to the
contract, and so his claim failed. This was fully linked to the doctrine of consideration, and established as such, with
the more famous case of Tweddle v. Atkinson. In this case the plaintiff was unable to sue the executor of his father-
in-law, who had promised to the plaintiff's father to make payment to the plaintiff, because he had not provided any
consideration to the contract.

You might also like