Doctrine of privity and its application in relation to sub-contractitor's pay

This study examines the doctrine of privity and its application in the construction industry. Doctrine of privity is related to issues of the creation of contractual obligations, concerning with the question of who has rights and liabilities under a contract. Sanctity of doctrine of privity means gi...

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Main Author:	Mohd Amin, Nor Aida
Format:	Thesis
Published:	2013
Subjects:	K Law (General)
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id	my-utm-ep.34606
record_format	uketd_dc
spelling	my-utm-ep.346062017-09-13T07:07:23Z Doctrine of privity and its application in relation to sub-contractitor's pay 2013-01 Mohd Amin, Nor Aida K Law (General) This study examines the doctrine of privity and its application in the construction industry. Doctrine of privity is related to issues of the creation of contractual obligations, concerning with the question of who has rights and liabilities under a contract. Sanctity of doctrine of privity means giving recognition to the contractual framework with appropriate legislation. It is a general idea that once parties duly enter into a contract, they must honour their obligations under that contract. However, along the way during the construction period, the situation the employer tends to intervention the construction process by passing the main contractor and goes direct to the sub-contractor is almost common, particularly in the payment issues. The main obstacle in this intervention is there is no privity of contract between the employer and the sub-contractor. It is submitted that doctrine of privity contract theory cannot accommodate third party rights. The comparative study shows that the doctrine of privity is embedded comfortably in Malaysia and UK law based on the decision made by the Malaysia and United Kingdom court. Numerous decisions of the courts in Malaysia and UK had recognised and supported the application of the doctrine. However, this study identified that there are few exceptions exist within the doctrine of privity such as assignment, trust, collateral contract, bill of lading and insurance contract. In the construction environment, most of the exception was created by meeting the needs of the employer to overwhelm the crucial situation due to dispute created by parties in the construction contract. 2013-01 Thesis http://eprints.utm.my/id/eprint/34606/ masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
topic	K Law (General)
spellingShingle	K Law (General) Mohd Amin, Nor Aida Doctrine of privity and its application in relation to sub-contractitor's pay
description	This study examines the doctrine of privity and its application in the construction industry. Doctrine of privity is related to issues of the creation of contractual obligations, concerning with the question of who has rights and liabilities under a contract. Sanctity of doctrine of privity means giving recognition to the contractual framework with appropriate legislation. It is a general idea that once parties duly enter into a contract, they must honour their obligations under that contract. However, along the way during the construction period, the situation the employer tends to intervention the construction process by passing the main contractor and goes direct to the sub-contractor is almost common, particularly in the payment issues. The main obstacle in this intervention is there is no privity of contract between the employer and the sub-contractor. It is submitted that doctrine of privity contract theory cannot accommodate third party rights. The comparative study shows that the doctrine of privity is embedded comfortably in Malaysia and UK law based on the decision made by the Malaysia and United Kingdom court. Numerous decisions of the courts in Malaysia and UK had recognised and supported the application of the doctrine. However, this study identified that there are few exceptions exist within the doctrine of privity such as assignment, trust, collateral contract, bill of lading and insurance contract. In the construction environment, most of the exception was created by meeting the needs of the employer to overwhelm the crucial situation due to dispute created by parties in the construction contract.
format	Thesis
qualification_level	Master's degree
author	Mohd Amin, Nor Aida
author_facet	Mohd Amin, Nor Aida
author_sort	Mohd Amin, Nor Aida
title	Doctrine of privity and its application in relation to sub-contractitor's pay
title_short	Doctrine of privity and its application in relation to sub-contractitor's pay
title_full	Doctrine of privity and its application in relation to sub-contractitor's pay
title_fullStr	Doctrine of privity and its application in relation to sub-contractitor's pay
title_full_unstemmed	Doctrine of privity and its application in relation to sub-contractitor's pay
title_sort	doctrine of privity and its application in relation to sub-contractitor's pay
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2013
_version_	1747816215405920256

Doctrine of privity and its application in relation to sub-contractitor's pay

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