Dutton v Poole (1678)
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Dutton v Poole (1678) is a landmark decision in the Court of Chancery.[1][2]
Quick Facts Dutton v Poole (1678), Court ...
Dutton v Poole (1678) | |
---|---|
Court | Court of King's Bench |
Decided | 1678 |
Citation(s) | 2 Lev 211 |
Case history | |
Subsequent action(s) | Dutton v Poole CEC (1679) T Raym 302, 83 ER 156 (Chancery Division) |
Court membership | |
Judge(s) sitting | Sir William Scroggs C.J. |
Keywords | |
Privity, third parties, consideration, specific performance |
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It established the rule that privity of contract[3] coupled with lack of consideration preclude third-party suit for breach of a contract and an exception to the rule in appropriate close family relationships. The exception it stated was, having been shunned in run-of-the-mill contract cases for around a century, in 1999 reinstatated and broadened by the Contracts (Rights of Third Parties) Act 1999.