Over the centuries, that second rule of the Doctrine of Privity had been widely criticised by lawyers, academics and members of the judiciary.
32.
"' Field v Fitton "'[ 1988 ] 1 NZLR 482 is a cited New Zealand case regarding privity of contract.
33.
With privity of estate comes the duty on the part of the assignee to perform certain obligations under covenant, e . g . pay rent.
34.
Privity of estate traces the land of plaintiff and defendant back to a common owner, who imposed the restriction on the land's use.
35.
Because this normally involves parties who are not part of the main contract, it has been used as a way around the doctrine of privity.
36.
Parliament is not bound by the common law, and as a result several acts of parliament unwittingly create valid exceptions to the doctrine of privity.
37.
The reaction from the judiciary, legal profession and academia was largely supportive of the Act; the doctrine of privity had long been thought unfair.
38.
Thus is possible that a letter of credit was one of those contracts that needed to be masked to disguise the consideration or privity requirement .
39.
At common law, the burden of a restrictive covenant does not run except where strict privity of estate ( a landlord / tenant relationship ) exists.
40.
His Oxford dissertation was an historical study entitled " The Paths to Privity : The History of Third Party Beneficiary Contracts at English Law ."
