The decision has also been criticized as it does not deal with the issue of privity of contract i . e . how are the terms of the license ( namely the territorial limitation ) being imposed on a third party who has no knowledge of the license and neither is a party to the license?
32.
In " The Pioneer Container " [ 1994 ] 2 AC 324, 335, Lord Goff of Chieveley ( giving the judgment of the Privy Council in a Hong Kong appeal ) said that it was open to question how long the principles of consideration and privity of contract will continue to be maintained.
33.
Tacking is defined as " The joining of consecutive periods of possession by different persons to treat the periods as one continuous period; esp ., the adding of one's own period of land possession to that of a prior possessor to establish continuous adverse possession for the statutory period . " There are three types of Privity : Privity of Contract; Privity of Possession; and Privity of Estate.
34.
Lord Browne-Wilkinson adapted the concept of Lord Diplock in " The Albazero " that there is an exception applicable to contracts of carriage : that the consignor may recover substantial damages against the shipowner if there is privity of contract between him and the carrier for the carriage of goods; although, if the goods are not his property or at his risk, he will be accountable to the true owner for the proceeds of his judgment .
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