|Tomlinson v Gill|
|Citation(s)||(1756) Ambler 330|
Tomlinson v Gill (1756) Ambler 330 is an English contract law case concerning privity of contract. It stands as an example of the flexible approach to privity under the earlier common law.
English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth, and to a lesser extent the United States. It is also experiencing gradual change because of the UK's membership of the European Union and international organisations like Unidroit. Any agreement that is enforceable in court is a contract. Because a contract is a voluntary obligation, in contrast to paying compensation for a tort and restitution to reverse unjust enrichment, English law places a high value on ensuring people have truly consented to the deals that bind them in court.
Privity is a doctrine in English contract law that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, i.e. a "third party". Historically, third parties could enforce the terms of a contract, as evidenced in Provender v Wood, but the law changed in a series of cases in the 19th and early 20th centuries, the most well known of which are Tweddle v Atkinson in 1861 and Dunlop Pneumatic Tyre v Selfridge and Co Ltd in 1915.
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Lord Hardwicke decided that a third person is entitled to sue if there can be spelt out of the contract an intention by one of the parties to contract as trustee for him, even though nothing was said about any trust in the contract, and there was no trust fund to be administered.
A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortious act.
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract.
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd UKHL 1,  AC 847 is an English contract law case, with relevance for UK competition law decided in the House of Lords. It established that an agreement for resale price maintenance was unenforceable as a matter of privity of contract.
UNIDROIT is an intergovernmental organization on harmonization of private international law; its projects include drafting of international conventions and production of model laws. As of 2018 UNIDROIT has 63 member states.
Scruttons Ltd v Midland Silicones Ltd UKHL 4,  AC 446 is a leading House of Lords case on privity of contract. It was a test case in which it was sought to establish a basis upon which stevedores could claim the protection of exceptions and limitations contained in a bill of lading contract to which they were not party. The Court outlined an exception to the privity rule, known as the Lord Reid test, through agency as it applies to sub-contractors and employees seeking protection in their employers' contract.
Winterbottom v Wright (1842) 10 M&W 109 was an important case in English common law responsible for constraining the law's stance on negligence in the 19th century.
MacPherson v. Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050 (1916) is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo which removed the requirement of privity of contract for duty in negligence actions.
A Himalaya clause is a contractual provision expressed to be for the benefit of a third party who is not a party to the contract. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to maritime matters, and exclusion clauses in bills of lading for the benefit of employees, crew, and agents, stevedores in particular.
Beswick v Beswick UKHL 2,  AC 58 was a landmark English contract law case on privity of contract and specific performance. The House of Lords disagreed with Lord Denning MR's dicta in the Court of Appeal that a non-signatory or non-party specifically intended to benefit from a contract could enforce it. Such enforceability depended on any given case being one of the established exceptions to this rule, the doctrine of privity of contract.
Tweddle v Atkinson EWHC J57 (QB), (1861) 1 B&S 393 is an English contract law case concerning the principle of privity of contract and consideration. Its panel of appeal judges reinforced that the doctrine of privity meant that only those who are party to an agreement may sue or be sued on it and established the principle that "consideration must flow from the promisee."
New Zealand Shipping Co. Ltd. v. A. M. Satterthwaite & Co. Ltd., or The Eurymedon is a leading case on contract law by the Judicial Committee of the Privy Council. This 1974 case establishes the conditions when a third party may seek the protection of an exclusion clause in a contract between two parties.
Dyer's case (1414) 2 Hen. V, fol. 5, pl. 26 is an old English contract law case concerning restraint of trade and the doctrine of consideration.
Neil Gareth Jones, M.A. (Cantab.), LL.M., Ph.D. is a Reader at the University of Cambridge, the current Director of Studies in Law of Magdalene College, and literary director of The Selden Society. He supervises undergraduates in legal history and in land law.
Shanklin Pier Ltd v Detel Products Ltd  2 KB 854 is a leading judgment on the subject of collateral contracts in English contract law. 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.
The Contracts Act 1999 is an Act of the Parliament of the United Kingdom that significantly reformed the common law doctrine of privity and "thereby [removed] one of the most universally disliked and criticised blots on the legal landscape". The second rule of the Doctrine of Privity, that a third party could not enforce a contract for which he had not provided consideration, had been widely criticised by lawyers, academics and members of the judiciary. Proposals for reform via an act of Parliament were first made in 1937 by the Law Revision Committee in their Sixth Interim Report. No further action was taken by the government until the 1990s, when the Law Commission proposed a new draft bill in 1991, and presented their final report in 1996. The bill was introduced to the House of Lords in December 1998, and moved to the House of Commons on 14 June 1999. It received the Royal Assent on 11 November 1999, coming into force immediately as the Contracts Act 1999.
Tulk v Moxhay is a landmark English land law case that decided that in certain cases a restrictive covenant can "run with the land" in equity. It is the reason Leicester Square exists today.
Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd UKHL 4,  1 AC 85 is the short title for a judicial decision of conjoined appeals in the Judicial Committed of the House of Lords in relation to the relevance of continued privity of contract following assignment of property under English contract law.
Dutton v Poole (1678) is a landmark decision in the Court of Chancery.