Briefly discuss the exceptions to the rule "Doctrine of privity of contract" as laid down under the provisions of the Indian Contract Act, 1872. (6…

CA Foundation · Business Laws · MTP · September 2026
Briefly discuss the exceptions to the rule "Doctrine of privity of contract" as laid down under the provisions of the Indian Contract Act, 1872. (6 Marks)

Suggested Answer and Working Notes:

Provisions of Law: The rule that stranger to a contract cannot sue is known as a “doctrine of privity of contract", is subject to certain exceptions. In other words, even a stranger to a contract may enforce a claim in the following cases: (1) In the case of trust, a beneficiary can enforce his right under the trust, though he was not a party to the contract between the settler and the trustee. (2) In the case of a family settlement, if the terms of the settlement are reduced into writing, the members of family who originally had not been parties to the settlement may enforce the agreement. (3) In the case of certain marriage contracts/arrangements, a provision may be made for the benefit of a person, he may file the suit though he is not a party to the agreement. (4) In the case of assignment of a contract, when the benefit under a contract has been assigned, the assignee can enforce the contract but such assignment should not involve any personal skill. (5) Acknowledgement or estoppel – where the promisor by his conduct acknowledges himself as an agent of the third party, it would result into a binding obligation towards third party. Where a party to a contract acknowledges or admits that he holds money or property for a third party, or where his conduct creates an estoppel, the third party can enforce the obligation. Example: A owes money to B. A receives money from C for B. B can directly claim from A. (6) In the case of covenant running with the land, the person who purchases land with notice that the owner of land is bound by certain duties affecting land, the covenant affecting the land may be enforced by the successor of the seller. (7) Contracts entered into through an agent: The principal can enforce the contracts entered by his agent where the agent has acted within the scope of his authority and in the name of the principal.

Topics: The Indian Contract Act, 1872

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