Is this Privity of Contract or not?
contract clat_pg intermediate mcq_debateI was studying with my friend Vikram yesterday and we got into a debate on this question from contract law. Here's the scenario: A, B, and C are partners in a firm. A promises B that he'll deliver 100 goods to C for Rs. 10,000. C is not a party to the contract. Now, if C claims damages from B for the non-delivery of goods, should B be liable? My friend says privity of contract applies and B is not liable, but I think privity of contract has been abolished in India, so B should be liable.
What do you guys think?
2 Comments
Bhai, ye to prathamik jaankari ki baat hai. Aapne to sambhav hai ke apna answer dala hai, lekin maine padha hai ki contract ke rules under which yeh case hai, usme privity of contract ki baat nahin ki gayi hai. So, aisa lagta hai ki yeh Privity of Contract nahi hai. Meri rai.
Arre, yeh prashn aapke liye confusing ho sakta hai, par main aapko yeh batata hoon ki yeh Privity of Contract hai, sirf jab ek vridhi ek contractual agreement ke pehle se hi hoi hai. Jab do vridhi ek ek dusre ke prati contract banate hain, toh yeh contract privity of contract kaa vishay nahi hota. In dono kaatibon ke beech contract lagbhag aam hota hai.