Professional Documents
Culture Documents
Privity of Contract and Third Party Rights
Privity of Contract and Third Party Rights
1
ISSUE #1
2
ISSUE #2
3
ISSUE #3
If legislative intervention is
appropriate, is detailed legislation
preferable to a general provision?
4
METHODOLOGY
ISSUE #1
Does privity need reform?
No Yes
ISSUE #2
Is legislative intervention
appropriate?
No Yes
ISSUE #3
Is detailed legislation
preferable to general?
No Yes
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ISSUE #1 ― Reform?
6
ISSUE #1 ― Reform?
7
ISSUE #1 ― Reform?
• Statutory Exceptions
• Common Law Exceptions – Especially the
Principled Exception*
• Means of Working Around Privity
• Other Causes of Action
• Expediency
• Certainty
• Consistency
• Uniformity
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ISSUE #2 ― Legislation?
• Irrelevancy
• Difficulty of Defining Extent of
Third Party Rights
• Rigidity
• Risk of Becoming Obsolete
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ISSUE #3 ― Detailed Scheme?
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ISSUE #3 ― Detailed Scheme?
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ISSUE #1 ― Conclusion
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ISSUES #2 & #3 ― Conclusion
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RECOMMENDATION
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Working Group
• Tim Epp, Legislative Services Branch, Department of Justice, SK
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THANK YOU
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