Synonymer & Information om | Engelska ordet PRIVITY

Exempel på hur man kan använda PRIVITY i en mening

• In some jurisdictions, specialties have a liability limitation period of double that of a simple contract and allow for a third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity.
• The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee.
• It is currently considering references on privacy, guardianship and custody, domicile, privity of contract, advance directives, hearsay in criminal proceedings and conditional fees.
• The idea of a general duty of care that runs to all who could be foreseeably affected by one's conduct (accompanied by the demolishing of the privity barrier) first appeared in the judgment of William Brett (later Lord Esher), Master of the Rolls, in Heaven v Pender (1883).
• Privity may be instantaneous and mutual; instantaneous privity is present when the restrictive covenant is within the deed initially conveyed from the grantor to the grantee.
• At first blush, it was clear to the Court that the stevedores could not be exempted by the exemption clause as there was no privity of contract.
• Iacobucci first affirmed the existence of an agency exception to privity, and then expanded on the "principled exception to the privity of contract doctrine" established in London Drugs Ltd v Kuehne & Nagel International Ltd.
• Its panel of appeal judges reinforced that the doctrine of privity meant that only those who are party to an agreement (outside of one of the well-established exceptional relationships such as agency, bailment or trusteeship) may sue or be sued on it and established the principle that "consideration must flow from the promisee".
• This case had facts on all fours with the earlier House of Lords' case, Scruttons Ltd v Midland Silicones Ltd, where their lordships held that the doctrine of privity prevented the stevedore from relying on a limitation of liability clause in a bill of lading.
• As executrix she would be acting as a representative of Mr Beswick, and the doctrine of privity would not apply.
• He referred to the privity decisions of Denning LJ in Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board and Drive Yourself Hire Co (London) Ltd v Strutt and also Carlill v Carbolic and The Satanita to say that the company did not need to be joined to the action to bring it, even though a members create a contractual relation with the company.
• Thus someone with property above or below a freehold (for example) may struggle to oblige that freehold's owner to carry out their moral obligations, without a prior deed of rentcharge or enduring chain of deed of covenants, due to the high value placed on privity of contract and privity of estate as these together benefit otherwise burdened freeholds.

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