Comparative Analysis of Practice of the Third-Party Doctrine in Nigeria and Two other Jurisdictions


The study examined the comparative analysis of the practice of the third-party doctrine, otherwise known as the privity of contract. The focus was in Nigeria, United Republic of Tanzania and the United Kingdom. The paper highlighted on the practice of privity of contract in England. The general principle was elucidated and some exceptions which includes; Covenant running with land, Contract relating to agency, Contract for hire of chattel and Trust concept were considered. Practice and applicability of this principle in the United Republic of Tanzania was also x-rayed, including some few exceptions to the generate rule, which inter alia includes; contract based on insurance, contract relating to law of agency and negotiable instrument. In the same vein, the practice and applicability of the third person rule or doctrine under the Nigeria contract law System was also evaluated. Some exceptions to the rule which includes; interference with contractual rights, covenant running with land and insurance contracts were appraised. Exceptions like, covenant running with land, contract relating to the law of agency and contract based on insurance reappeared in the various jurisdictions. The study also made some few comparisons of what the practice is and/or the similarities in England, United Republic of Tanzania and Nigeria respectively. The paper was summarized with a summary of findings, conclusion and offered some recommendations.