Privity of Contract, by Michael Furmston, Gregory Tolhurst
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Privity of Contract, by Michael Furmston, Gregory Tolhurst
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This book, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore). The work opens with a history of development of the privity rule and its place in English up to the enactment of the Contract (Right of third parties) Act 1999. The books considers common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. There is also consideration of the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promise where the loss suffered by reason of a breach of contract has been incurred by a third party.The final chapters consider the position under the Contract (Right of third parties) Act 1999 and look at the international position, considering work undertaken by UNIDROIT.This book fills a gap for a more thorough examination of the law of privity and is written by two well-known and experienced authors on contract law.
Privity of Contract, by Michael Furmston, Gregory Tolhurst- Amazon Sales Rank: #1052717 in Books
- Published on: 2015-05-26
- Original language: English
- Number of items: 1
- Dimensions: 7.00" h x 1.20" w x 9.80" l, .0 pounds
- Binding: Hardcover
- 416 pages
Review With its extensive footnoting and other research materials, including tables of cases, national legislation and international treaties, conventions and other instruments, this book will undoubtedly be considered an absolutely essential addition to the well-stocked professional library. Philip Taylor MBE & Elizabeth Taylor of Richmond Green Chambers
About the Author Michael Furmston, Professor of Law, Singapore Management University,Gregory Tolhurst, Lecturer in Law, University of SydneyProfessor Michael Furmston is a world-renown author and academic. He is Dean of the School of Law at Singapore Management University.Professor Gregory Tolhurst is Professor of Commercial Law at Sydney Law School. He is widely published in the field of contract law and co-authored Contract Formation (OUP, 2010) with Professor Furmston.
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0 of 0 people found the following review helpful. Complex concepts explained By Phillip Taylor MBE LAWYERS WHO DEAL WITH CONTRACTS -- WHICH MEANS JUST ABOUT ALL OF YOU -- SHOULD ACQUIRE THIS BOOKAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersLike it or not, human existence does pivot around contracts and/or agreements of whatever kind. Collectively, they are the cornerstone of law. And of course, the cornerstone of contractual agreements, one might say, is the concept of privity of contract.What a simple -- and what a complex -- concept is this; so complex in fact that volumes have been written about it, including this definitive work published recently by the Oxford University Press.The authors Michael Furmston and Gregory Tolhurst are acknowledged experts on the subject which means that lawyers practising in just about all specialties of law should really have this book to hand as one that excels in authority, insight and usefulness.‘Of all the central doctrines in the common law of contract,’ say the authors, ‘privity of contract is the one that is most fractured’. Not surprisingly, certain common law jurisdictions have gone off in different paths in this matter, although reference is made here to reforms that were made in New Zealand in 1982, with England and Singapore following suit in 1999.As well as lawyers, academics and researchers will be interested in the wealth of case law generated by the vagaries of this area of law, on which Furmston and Tolhurst have also provided a quite enthralling historical perspective with references, for example, to Roman law.They note in particular that 2015 is the one-hundredth anniversary of Lord Haldane’s well-known and historic judgment in Dunlop v. Selfridge. (Yes, that Dunlop as in tyres -- and that Selfridge, as in London department store.) This pivotal case is acknowledged as having ‘laid to rest any doubt…’ that the privity rule ‘formed part of the modern common law.’Also interesting here is the fact that Haldane was a member of the Privy Council in the 1904 charterparty (or bareboat charterparty) case in Canada of Strathcona Steamship Co. Ltd. v. Dominion Coal Co. The remedy here was apparently ‘an injunction to restrain the owners of the ship (Strathcona) from using it inconsistently with the charter.’In this mind-bendingly complicated matter detailed in the book, ‘Solomon would surely have agreed,’ say the authors. And also, in their words, the book as a whole is aimed at ‘practising lawyers with a problem in this field’, particularly lawyers in England and Singapore, as well as other commonwealth countries.With its extensive footnoting and other research materials, including tables of cases, national legislation and international treaties, conventions and other instruments, this book will undoubtedly be considered an absolutely essential addition to the well-stocked professional library.The publication date is cited as at 2015.
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