Jesse Warren Lilienthal

Name: Privity of Contract
Author: Jesse Warren Lilienthal

Summary

“Privity of Contract”, published in 1887, is a work by Jesse Warren Lilienthal. It explores elements such as promisor, contract and plaintiff.

Quotes from Privity of Contract (Jesse Warren Lilienthal)

Jesse Warren Lilienthal, Privity of Contract (1887)

“ And it has been held that the obligation involved in the condition of a bond is not such a promise as is available to any one, not the obligee of the bond. “But it is not every promise made by one to another, from the performance of which a benefit may ensue to a third, which gives a right of action to such third person; he being neither privy to the contract nor to the consideration, the contract must be made for his benefit, as its object, and he must be the party intended to be benefited.” ”

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Source: Wikisource

Jesse Warren Lilienthal, Privity of Contract (1887)

“ But where a debt clearly exists from one person to another, a promise by a third person to pay such debt, being primarily for the benefit of the original debtor, and to relieve him from his liability to pay it (there being no novation) , he has a right of action against the promisor for his own indemnity, and, if the original creditor can also sue, the promisor would be liable to two separate actions, and therefore the rule is that the original creditor cannot sue. ”

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Source: Wikisource

Jesse Warren Lilienthal, Privity of Contract (1887)

“ These cases are made to rest upon the ground that the person obtaining the promise, and from whom the consideration moves, intends it as a gift to the one in whose favor the stipulation reads. They seem to proceed upon some such theory as that if the promise be not for the benefit of the plaintiff it is not for that of any one, and that, as a question of policy, the one person interested in the performance of an agreement should be permitted to enforce it. It comes very near to being an exception to prove the rule. ”

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Source: Wikisource

Jesse Warren Lilienthal, Privity of Contract (1887)

“ And where a defendant, holding under a warranty deed, by which he had assumed the mortgage made by his grantor, was evicted by paramount title, the covenant of assumption was held not enforceable by the mortgagee, notwithstanding Lawrence v. Fox and Burr v. Beers. “But I know of no authority to support the proposition, that a person not a party to the promise, but for whose benefit the promise is made, can maintain an action to enforce the promise, where the promise is void, as between the promisor and the promisee, for fraud, or want of consideration, or failure of consideration. ”

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Source: Wikisource

Jesse Warren Lilienthal, Privity of Contract (1887)

“ Such actions, even where sounding in contract, are really founded upon the defendant’s tort. Independently of the express obligation, a defendant’s negligence, resulting in injury to the plaintiff, who has not contributed thereto, is actionable. ”

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Source: Wikisource

Jesse Warren Lilienthal, Privity of Contract (1887)

“ Fox to hold that a promise to a debtor to pay his debt was a direct undertaking of the promisor with each of the persons successively who should acquire the interest of the original creditor, and this construction is not justified when there are no special words indicating that intention. ”

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Source: Wikisource

Jesse Warren Lilienthal, Privity of Contract (1887)

“ We find a never-ceasing pricking of conscience.
Thus, the new rule was early applied to the case of the assumption of a mortgage by an assignee from the owner of the equity of redemption, who had made the mortgage. [3]
But when it was attempted to apply the doctrine to the case of an assumption by the assignee of an owner of the equity, who was himself not liable for the payment of the mortgage, the attempt failed. “The Courts are not inclined to extend the doctrine of Lawrence v. Fox. . . . ”

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Source: Wikisource

Jesse Warren Lilienthal, Privity of Contract (1887)

“ So that, e.g., where a servant, travelling with his master, who applied and paid for his transportation, lost his portmanteau through the negligence of the railway company, the servant was permitted to recover its value from the company. ”

Jesse Warren Lilienthal

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Quotes from Privity of Contract (Jesse Warren Lilienthal)

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