Absent a TPB clause in a Utah contract then, an owner has little recourse against a construction party with whom it lacks privity of contract
Where there is privity of contract
and the parties have negotiated that contract from comparative bargaining positions, the parties are able to allocate the risk of all loss, including the loss of the product.
Sally has no contract remedies available to her because she is not in privity of contract
with the attorney, so her only recourse is in tort.
Privity of contract
has deterred direct government intervention and influence on subcontractor selection and behavior.
It raised issues on topics like privity of contract
and estate that we haven't really looked at since law school.
In other words, on projects funded by DOT or EPA, their regulations apply to downstream contractors that are not in privity of contract
with the government.
Currently, many T&Cs grant CSPs broad subcontracting rights and often seek to absolve CSPs from or transfer liability to the third party, an entity with whom the customer has no privity of contract
They have no privity of contract
with the parent or holding company affiliates of the particular insurer from which they made their purchases.
However, even though the obligation to provide and pay for bunkers under a time charterer rests with the defaulting charterer, and the bunker supplier does not have privity of contract
with the vessel and its owner, the owners and their ships are still vulnerable to action in many jurisdictions.
Under these circumstances, theory could afford to reason with its eyes shut to the consequences of privity of contract
because it would know that the basic structure of society in which contracts operated was justifiable.
Andrew Robinson, who oversees Professional Liability for The Hanover as its executive vice president of Specialty, notes he's seeing more relaxed privity of contract
between clients and service providers, which leads to an increase in exposure from third-party liability--and thus more lawsuits in what he calls a "tough tort environment" for design professionals.
TRADITIONALLY, absent fraud or collusion, the only parties with standing to sue an attorney for malpractice were those in privity of contract
with the attorney, that is, the lawyer's clients.