3.1 Privity of Contract - Introduction

Welcome to the third lesson of this module guide - privity of contract! Privity of contract is a very nuanced doctrine, while there are no straight-jacket solutions, certain principles have evolved over time in common law and statutes, which attempt to provide a direction to the issue. These will be explored further within this chapter.

The chapter begins with a discussion of the general doctrine, as well as the rule of consideration and right of action. The next sections concern the exceptions to this doctrine, specifically the statutory exceptions as well as common law exceptions.

Below are some goals and objectives for you to refer to after learning this section.

Goals for this section

  • To understand the nature of the doctrine of ‘privity of contract’
  • To be able to define and apply the doctrine

Objectives for this section

  • To understand the need for privity of contract
  • To understand the general rule of the doctrine
  • To understand both the rule of consideration and the right of action
  • To understand the exceptions to the doctrine, including statutory and common law exceptions
  • To understand the case law in this area and be able to apply it in context

Start the Lecture

We have three lengths of lecture to suit varying study needs. Select one of the options below to get started (if you have already chosen a study level you will see the option highlighted in violet):

Summary Notes Standard Lecture Detailed Lecture

Problem Questions

Each lecture is also accompanied by hands on examples of problem questions for the subject. You can jump directly to the questions below:

Hands on Examples