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Doctrine Of Privity Of Contracts In India And England

Nishant Kumar, Hidayatullah National Law University


Privity of contract proscribes third parties or stranger to sue upon a contract to enforce it. It says that only party to contract can sue for the enforcement of the contract. The clause is considered to be rigid by some of the jurists and became inclusive over the period of time. In India courts have adopted some exceptions under which a party who is stranger to the contract can also be allowed to enforce the contracts for his benefits. However the stance in English law is somewhat rigid as compared to India. In England privity is applicable on the consideration also which means that only party to contract can furnish the consideration. Contract for the benefits of third party is one of the exceptions where a third party for whose benefits contract is made can enforce his claim. There are some other exemptions which give the right to third party for the enforcement of the contract.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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