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October 13[edit]

confused.[edit]

whether "stranger to contract" as the exception to 'privity of contract' the same as "act of stranger/third party" as defence in torts? Grotesquetruth (talk) 16:10, 13 October 2022 (UTC)[reply]

No. The concepts are related, but not the same. In the first case, the "stranger" is seeking to derive a right from a contract to which they are not a party. In the second case, the "stranger" is not seeking anything. One party is seeking redress from another party for a situation for which not this second party but a third party (the "stranger") is responsible. --Lambiam 07:08, 14 October 2022 (UTC)[reply]

and in what sense are they related you mean to imply? Grotesquetruth (talk) 11:56, 14 October 2022 (UTC)[reply]

They are related because the both involve a "stranger", which is a term d'art used in this branch of law to refer to a person who is not a party to the contract under consideration. --Jayron 32 14:36, 14 October 2022 (UTC)[reply]