The defendant, who was aware of the covenant at the time of purchase, refused to abide by the covenant as he claimed he was not in privity of contract and so was not bound by it.
22.
The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were in privity of contract.
23.
In it the High Court of Justice King's Bench Division used the principle of collateral contracts, to create an exception to the rule of privity of contract where a contract may be given consideration by entering into another contract.
24.
After the deactivation, Zachry and Centex sued in the name of G . L . Christian and Associates because they had no privity of contract with the Federal Government, and it could not sue the government in its own name.
25.
The court found that the fact that the defendant's father and the plaintiff had negotiated the terms of the marriage in accordance with Hindu custom did not have the result that no privity of contract existed between the minor and the defendant.
26.
It should not be confused with " Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd ", which held that the same resale price maintenance practice was unenforceable against a third party reseller as a matter of the English rule of privity of contract.
27.
The defendants sought to rely on the protection of the exclusion clauses on the passenger's ticket; but Mrs Adler argued that under the doctrine of privity of contract, the defendants could not rely on the terms of a contract to which they were not party.
28.
""'Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board " "'[ 1949 ] 2 KB 500 is an English land law and English contract law case, notable for Denning LJ's views concerning privity of contract.
29.
In 1991 the Law Commission published Consultation Paper No . 121 " Privity of Contract : Contracts for the Benefit of Third Parties ", which proposed a similar change, and in 1996 the final report ( No . 242 ), along with a draft Bill, were published.
30.
To circumvent privity of estate which is the general principle flowing from privity of contract, laws exist in several jurisdictions to bind subtenants to some of the restrictive covenants ( terms ) of the headlease, for instance in England and Wales those which have been held by courts to touch and concern the land.
