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View the related practice notes about Privity of contract

Third party rights—the common law doctrine of privity of contract

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third party. For guidance on contracts and third parties more generally and on the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), respectively, see Practice Notes:•Contracts and third party rights•Third party rights—the Contracts (Rights of Third Parties) Act 1999What does privity of contract mean?'Privity of contract' is a common law doctrine, which provides that you cannot either:•enforce the benefit of, or•be liable for any obligation undera contract to which you are not a party.Therefore, at common law, if your client is not a party to a contract (ie they are a third party) then they cannot sue or be sued under that contract.Example:A promises to B that they will pay a sum of money to C—C cannot sue A for that sum...

View the related precedents about Privity of contract

Ireland—Letter of extension

This Precedent is a short form letter of extension between two parties, used to extend an existing contract beyond its initial term. Optional drafting is provided for any variations to the contract that the parties may additionally wish to include. This Precedent is for use in situations where: • there is an existing contract between two or more parties • the parties, by consent, wish to extend the term of the contract and/or change certain provisions of the contract (whether to delete, amend or add further provisions) • there are no provisions within the existing contract which permit the extension or change of some or all of its provisions without entering into a written form of variation, and • the parties are satisfied that there is consideration for the extension or variation and so do not need it to be effected by way of deed The existing contract should be checked for any provisions relating to extension or variation. It should also be checked carefully for anything that might need...

Notice to Former Tenant or Guarantor of Intention to Recover Fixed Charge (Landlord and Tenant (Covenants) Act 1995, Section 17)

Notice to Former Tenant or Guarantor of Intention to Recover Fixed Charge (Landlord and Tenant (Covenants) Act 1995, Section 17) Notice to Former Tenant or Guarantor of Intention to Recover Fixed Charge (Landlord and Tenant (Covenants) Act 1995, Section 17) To: [insert full name of tenant or guarantor] of [insert address] Important—the person giving this notice is protecting the right to recover the amount(S) specified from you now or at some time in the future. There may be action which you can take to protect your position. Read the notice and all the notes overleaf carefully. If you are in any doubt about the action you should take, seek advice immediately, for instance from a solicitor or citizens advice bureau. 1 This notice is given under section 17 of the Landlord and Tenant (Covenants) Act 1995 (see Note 1) 2 It relates to [insert address and description of the property] let under a lease dated [insert date] and made between [insert full name of original landlord] and [insert full...