COMM 393 Lecture 9: March 9 – Privity of Contract
Document Summary
March 9 privity of contract & the assignment of contractual rights | p. 238-243, 247-248, 251-255. When parties make a contract, they create a small body of law for themselves scope of a contract, its power to affect conduct, can be confined to the parties who agreed to it. General rule is that a contract does not give any benefits to or impose any obligations on a stranger to the contract. Plaintiff must prove privity of contract with the defendant. Essentially show that they are both parties to the same contract. Another reasons for preventing a third person from suing on a contract is that the third party has not given consideration from the promise. *not only must consideration for a promise be given by a party to the contract, but it must be given by the party seeking to enforce the promise. Applying the privity of contract rules to performance.
