"Contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to the contract". Critically analyze this statement.

CS Executive · Economic and Commercial Laws · PYQS · June 2018
"Contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to the contract". Critically analyze this statement.

Answer & Explanation:

The 'doctrine of privity' means that a contract cannot, as a general rule, confer rights or impose obligations arising under it on any person except the parties to it. The basis of this doctrine is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. A person who is not a party to a contract cannot sue upon it even though the contract is for his benefit. Both the Indian law and the English law recognize certain exceptions to the rule that a stranger to a contract cannot sue on the contract. A beneficiary under an agreement to create a trust can sue upon the agreement, though not a party to it, for the enforcement of the trust so as to get the trust executed for his benefit. It is clear that Indian Judiciary has recognised 'beneficiary' to the contract as an exception to the general rule of 'Doctrine of Privity'.

Topics: Contract Law

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