Tweddle v Atkinson
| William Tweddle v Atkinson | |
|---|---|
| Decided | 1861 |
| Citation(s) | [1861] EWHC QB J57], (1861) 1 B&S 393, 121 ER 762 |
| Transcript(s) | http://www.bailii.org/ew/cases/EWHC/QB/1861/J57.html |
| Court membership | |
| Judge(s) sitting | Wightman J, Crompton J, Blackburn J |
| Keywords | |
| privity, consideration | |
Tweddle v Atkinson [1861] EWHC QB J57, (1861) 1 B&S 393, 121 ER 762 is an English contract law case concerning the principle of privity of contract and consideration; establishing the principle that "consideration must flow from the promisee."
Facts
William Tweddle was engaged to a Miss Guy. The groom's father entered into an agreement with the bride's father, William Guy, to pay the groom, William Tweddle, £200 if he paid the groom £100, all of which was recorded in a written contract. However, William Guy subsequently died, and the estate would not pay. The groom then sued William Guy's estate for the promised £200, namely the estate executor Mr Atkinson.
Held
His suit was not successful as it was held no stranger to the consideration can take advantage of a contract, although made for his benefit. It was left unanswered if the groom's father could have successfully sued the estate instead.
Judgment
The courts ruled that a promisee cannot bring an action unless the consideration from the promise moved from him. Consideration must move from party entitled to sue upon the contract. No legal entitlement is conferred on third parties to an agreement. Third parties to a contract do not derive any rights from that agreement nor are they subject to any burdens imposed by it.
See also
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Notes
References
- "Contracts (Rights of Third Parties) Bill [Lords]". House of Commons Publications and Records - Second Reading Committee. Archived from the original on 2007-06-27. Retrieved 2007-09-03.
- Andrews, Neil (2001-07-25). "Strangers to justice no longer: the reversal of the privity rule under the Contracts (Rights of Third Parties) Act 1999". The Cambridge Law Journal 60: 353–381. doi:10.1017/S0008197301000150. Retrieved 2007-09-03.
- "Information and Communications Technology: Source Code Escrow and the Contracts (Rights of Third Parties) Act 1999". Intellectual Property and Information Technology Update. Retrieved 2007-09-03.