FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 15,232 times | Saved to 423 briefcases
Beswick v Beswick (1966) 3 W.L.R. 396


P sold company to N. After P died N was to pay 5$ to W per week. N paid once and stopped. W is executrix of Ps estate/she sues N


Can a 3rd party beneficiary sue on a contract to which they are not a contracting party?


The contacting party is entitled by himself, alone, or jointly with the 3rd person, to have the contract performed to its terms, and the court will decree specific performance for it.

General rule can’t get specific performance for just a payment of a sum of money


When a contract is made for the benefit of a 3rd person who has a legitimate interest to enforce it, it can be enforced by the 3rd person in the name of the contracting party or jointly with him, or if he refuses to join by adding him as a defendant - This was NOT upheld by the House of Lords.

3rd party provides no consideration for the promise. No 3rd person can sue or be sued on a contract to which he is not a party – rule of procedure.

Recognize that exectutor or contracting party can get a decree of specific performance.


Wife can sue – but only as executrix and for specific performance, not as a 3rd party


Wife, if sued, would only get nominal damages bc contracting party suffered no loss

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.