doctrine of privity in contract law

provides that a contract cannot confer rights or impose obligations arising under it on any person or agent except the parties to it.

The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages as such. However, the doctrine has proven problematic due to its implications upon contracts made for the benefit of third parties who are unable to enforce the obligations of the contracting parties.

 In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The plaintiff must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability in tort. The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law).


the foreseeability of harm to the injured party;
the degree of certainty he or she suffered injury;
the closeness of the connection between the defendant’s conduct and the injury suffered;
the moral blame attached to the defendant’s conduct;
the policy of preventing future harm;
the extent of the burden to the defendant and the consequences to the community of imposing a duty of care with resulting liability for breach;
and the availability, cost, and prevalence of insurance for the risk involved.[6]
the social utility of the defendant’s conduct from which the injury arose.[7]

Related Pages in  Small Claims Court Section

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