A COMPARATIVE ANALYSIS OF PRIVITY OF CONTRACT AND CONSIDERATION UNDER ENGLISH AND INDIAN LAW


Kamal Kumar
Assistant Professor at BRCM Law College, Bahal, Bhiwani, Haryana
Abstract
The notion of privity is the result of contract and privity working together. It makes reference to a part of the agreement that is exclusive or confidential. A contract cannot provide rights or impose responsibilities on a non-party, according to the common law concept of privity of contract. In essence, privity of contract is a contract that permits both parties to sue another person but forbids third parties from doing the same. Furthermore, for a promise to be enforceable, the idea of consideration requires that something be offered or guaranteed in return for the promise. Only the contractual or interested party may be held accountable for obligations and duties, according to the theories of privity rooted in the interest theory. But as the theory has developed, there is now an exception where a stranger may also be held accountable for obligations or responsibilities owed to one of the parties to the contract. The meaning and historical development of the doctrine of the Privity, the application of contracts theory to the Doctrine of Privity, the exclusion to the Doctrine of Privity, significant court rulings, and a comparative analysis to determine the circumstances in India and England will all be covered by the researcher in this review paper.
Keywords: Contract, Exclusion, Privity, Obligation, Consideration, Indian Law, English Law
Journal Name :
EPRA International Journal of Multidisciplinary Research (IJMR)

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Published on : 2025-02-24

Vol : 11
Issue : 2
Month : February
Year : 2025
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