Privity: Private Justice or Public Regulation

Taking both sides of the debate, legal scholars from Australia, the US, Canada, and Britain discuss privity, the controversial principle that only one of the parties to a contract is allowed to sue for the contract's non-fulfillment, and not a third-party beneficiary. The issue has been engaged actively in the English- speaking world since the 1930s, most opinions supporting reform to allow third-party suits. Among the perspectives here are private justice, searching for the principles, beyond promissory principle and protective pragmatism, in defense of the third- party rule, whether privity is worth defending, and exclusion clauses. Annotation c. Book News, Inc., Portland, OR (booknews.com)


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