Furmston and Tolhurst on Privity of Contract offers a comprehensive analysis of the doctrine of privity within the context of English contract law, while also drawing on case law from key common law jurisdictions such as Australia, Canada, New Zealand, and Singapore.
The book begins by exploring the historical evolution of the privity doctrine, from its early roots to its modern-day role in English law, culminating in the introduction of the Contract (Rights of Third Parties) Act 1999. It examines in depth the common law and statutory exceptions to the rule, along with significant statutory developments in other jurisdictions. Subsequent chapters focus on how the privity rule applies to exemption clauses and efforts to assign obligations or liabilities to third parties. A substantial portion of the text addresses the legal position of promisees when a breach of contract results in loss suffered by someone who is not a party to the contract. The final chapters assess the impact of reforms introduced by the 1999 Act and similar legislative changes in other countries.
In this updated second edition, Gregory Tolhurst reviews all relevant legislation and includes discussion of recent key rulings, notably the UK Supreme Court's decision in Public and Commercial Services Union v Secretary of State for the Department for Environment, Food and Rural Affairs [2024], and Swynson Ltd v Lowick Rose LLP [2018] AC 313, which deals with the issue of damage assessment.
Authored by a leading authority in contract law and incorporating material from the late Michael Furmston, this book remains an authoritative resource on the doctrine of privity.
