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Beswick v Beswick [1967] UKHL 2, [1968] AC 58 was a landmark English contract law case on privity of contract and specific performance.The House of Lords, overruling the decision of Lord Denning in the Court of Appeal, ruled that a person who was not party to a contract had no independent standing to sue to enforce it, even if the contract was clearly intended for their benefit.
Although damages are the usual remedy for the breach of a contract for the benefit of a third party, if damages are inadequate, specific performance may be granted (Beswick v. Beswick [1968] AC 59). The issue of third-party beneficiaries has appeared in cases where a stevedore has claimed it is covered under the exclusion clauses in a bill of ...
Beswick v Beswick [1966] Ch 538, Denning allows a poor widow to reclaim the assets of her late husband when it was taken from her husband's nephew (disapproved in [1968] AC 58). Morris v CW Martin & Sons Ltd [1966] 1 QB 716; Wheat v E Lacon & Co Ltd [1966] 1 All ER 582; defines "occupier" for the purposes of Occupiers' Liability Act 1957 ...
Privity is a doctrine in English contract law that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, i.e. a "third party".
Suisse Atlantique Societe d'Armament SA v NV Rotterdamsche Kolen Centrale [1967] 1 A.C. 361; Boardman v Phipps [1967] 2 AC 46; Vandervell v IRC [1967] 2 AC 291; Beswick v Beswick [1968] AC 58; C Czarnikow Ltd v Koufos or The Heron II [1969] 1 AC 350; In re Gulbenkian's Settlements [1970] AC 508; Pettitt v. Pettitt [1970] A.C. 777
Beswick v Beswick, a 1967 landmark case in English contract law; Bradford-with-Beswick, Manchester This page was last edited on 4 September 2021, at 12:09 (UTC) ...
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One problem was that the rule made no exceptions for cases where it was obviously intended for the third party to claim a benefit, such as the young couple in Tweddle v Atkinson, or the widow in Beswick v Beswick, where an uncle gave his nephew a business, on the condition that the nephew would pay the uncle a certain amount per week, and in ...