The Privity of Contract: Third Party Rights Under Maldivian Contract Law

Abstract

The English common law principles on contracts transplanted abruptly in the Maldives by an Act of Parliament just three decades ago haven’t attained a firm footing, and the Maldivian courts are still struggling to cope with the alien laws. The challenges in filling the gaps in the Contract Act and interpreting the provisions in the Act are monumental for judges who are not familiar with English common law. Among the concepts, the Maldivian courts grappling with to recognize and adopt is the doctrine of privity of contract. The task for the court becomes more difficult as the English common law is merely persuasive. This article will attempt to demonstrate the strides made by the Maldivian courts over the last three decades in developing the English common law doctrine of privity of contract in the Maldives and the position of third party rights under Maldivian contract law.