Furmston and Tolhurst on Privity of Contract

Furmston and Tolhurst of Privity of Contract, based on English law of contract, considers the development and present state of the doctrine of Privity of Contract, with clear references to cases in other major common law jurisdictions (Australia, Canada, New Zealand and Singapore). The work opens by examining the early and modern history of the privity rule and its place in English law up to the enactment of the Contract (Right of Third Parties) Act 1999. Consideration is given to common law and statutory exceptions in detail as well as major statutory exceptions from other jurisdictions. Later chapters analyse the operation of the rule with regard to exemption clauses and attempts to impose liabilities and burden on non-parties. A large section of the book considers the rights of a promisee where the loss suffered by reason of a breach of contract has been incurred by a third party. The book concludes by considering reform under the Contract (Right of Third Parties) Act 1999, as well as statutory reform in other jurisdictions. Author Gregory Tolhurst has updated the second edition to review all relevant statutory provisions. The new edition examines the decision in the United Kingdom Supreme Court in Public and Commercial Services Union v Secretary of State for the Department for Environment, Food and Rural Affairs [2024], as well as Swynson Ltd v Lowick Rose llp [2018] AC 313 on the assessment of damages. This book provides a thorough examination of the law of privity, and is written by an expert in contract law, as well as featuring contributions from the first edition by the late Michael Furmston.

1 - Early History
2 - Modern History
3 - Exceptions
4 - Statutory Exceptions
5 - Operation of the Rule with Relation to Exemption Clauses
6 - Rights of the Promisee
7 - Attempts to Impose Liabilities or Burdens on Non-Parties
8 - The Contracts (Right of Third Parties) Act 1999
9 - Statutory Reform in Other Jurisdictions

Greg Tolhurst is a Professor of Commercial Law at the University of Sydney where he has taught for over 25 years. Professor Tolhurst has published widely in the area of contract law and commercial law. He is on the editorial board of the Contract and Commercial Law Review, and is the editor of the Commercial Law Quarterly. John Carter was a Professor Commercial Law at the University of Sydney before retiring in 2014 and was awarded Professor Emeritus. During his time at the University he taught both in Australia and internationally, as well as publishing widely in the areas of contract law and restitution. He was the General Editor of the Journal of Contract Law from 1988-2023 and in 2023 became the General Editor of the Contract and Commercial Law Review. Since 1992 John has been a consultant at Freehills.