The great Indian privity trick: hundred years of misunderstanding nineteenth century English contract law

Swaminathan, Shivprasad (2016) The great Indian privity trick: hundred years of misunderstanding nineteenth century English contract law. Oxford University Commonwealth Law Journal, 16 (1). pp. 160-182. ISSN 14729342

[thumbnail of OUCLJ 2016.pdf]
Preview
Text
OUCLJ 2016.pdf - Published Version

Download (1MB) | Preview

Abstract

It has been the received wisdom for over a century now that the Indian Contract Act 1872 could not have meant to alter the English law's privity requirement as there is no specific language dispensing with the privity rule. In the 1860s, when the Act was being drafted, however, a person from whom consideration did not move did not have the right to sue at English law. This was the only barrier the drafters envisaged and dismantled with s 2(d), which allowed consideration to move from the ‘promisee’ or ‘any other person’. But its effect was also to preempt any putative privity of contract based barrier; as long as the promisor got the desired consideration, not only the ‘promisee’ but ‘any other person’—whether or not a party—could sue upon the contract.

Item Type: Article
Keywords: Privity of contract | Privity of consideration | Will theory | Tweddle v Atkinson | Frederick Pollock | Indian Contract Act 1872
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 15 Feb 2022 09:21
Last Modified: 15 Apr 2023 13:51
Official URL: http://dx.doi.org/10.1080/14729342.2016.1244453
URI: https://pure.jgu.edu.in/id/eprint/1277

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item