期刊名称：Journal of International Commercial Law and Technology
印刷版ISSN：1901-8401
出版年度：2009
卷号：04
期号：04
页码：262-273
出版社：International Association of IT Lawyers
摘要：This article briefly introduces the privity rule and its application in Malaysia which has created difficulties in relation to contracts made for the benefit of third parties. This article then investigates how Malaysian courts circumvent the privity rule to ensure that justice prevails. The mechanisms examined include among others agency, trust, tort and estoppel. This article argues that the application of these mechanisms rule are not adequate to resolve the difficulties caused by the privity rule and concludes that a statutory reform to create third party rights in contract law is required.
关键词：privity rule ; contracts ; liberal construction ; collateral contract ; agency ; trust ; negligence ; promissory estoppel ; remedies ; breach of contract
