CIRCUMVENTING THE DOCTRINE OF PRIVITY : The doctrine of privity merely indicates that someone who is not a contracting party is unable to enforce the benefits created by or be subject to the burdens imposed under a contract made between two other people. Accordingly, rights may be conferred on a third party, and to a lesser extent, burdens may be imposed otherwise than under a contract. For example, such rights and

doi:10.4324/9781843141518-303

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ABSTRACT

The doctrine of privity merely indicates that someone who is not a contracting party is unable to enforce the benefits created by or be subject to the burdens imposed under a contract made between two other people. Accordingly, rights may be conferred on a third party, and to a lesser extent, burdens may be imposed otherwise than under a contract. For example, such rights and burdens may arise by way of tort, trust, agency or assignment.