Furmston and Tolhurst on Privity of Contract

Furmston and Tolhurst of Privity of Contract, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract, with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore).

The work opens by examining the early and modern history of the privity rule and its place in English law up to the enactment of the Contract (Right of Third Parties) Act 1999. Consideration is given to common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. Later chapters analyse the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promisee where the loss suffered by reason of a breach of contract has been incurred by a third party. The book concludes by considering reform under the Contract (Right of Third Parties) Act 1999, as well as statutory reform in other jurisdictions.

Author Gregory Tolhurst has updated the second edition to review all relevant statutory provisions. The new edition examines the decision in the United Kingdom Supreme Court in Public and Commercial Services Union v Secretary of State for the Department for Environment, Food and Rural Affairs [2024], as well as Swynson Ltd v Lowick Rose llp [2018] AC 313 on the assessment of damages.

This book provides a thorough examination of the law of privity, and is written by an expert in contract law, as well as featuring contributions from the first edition by the late Michael Furmston.