She was also the administratrix of her husband's will. If the matter stopped there it would not be difficult to hold that section 56 does not substantially extend or alter the provisions of section 5 of the Act of 1845. I am not sure that any conflicts with the view which I have expressed: but if any does, for example, In re Engelbach's Estate,[2] I would not agree with it. The section refers to agreements "over or respecting land or other property." But it may be that additional difficulties would arise from the application to section 56 of the definition of property in the definition section. If "land or other property" means the same thing as "tenements or hereditaments" in the Act of 1845 then this section simply continues the law as it was before the Act of 1925 was passed, for I do not think that the other differences in phraseology can be regarded as making any substantial change. In Australia, Coulls v. Bagot’s Executor and Trustee Co Ltd (1967) 119 CLR 460 shows the approach has been similar. Get full address, contact info, background report and more! Beswick, Gregory . The House of Lords disagreed with Lord Denning MR's dicta in the Court of Appeal that someone specifically intended to benefit from a … Lexis 2162, Civ. However the case remains good law in many other Commonwealth common law jurisdictions. I do not profess to have a full understanding of the old English law regarding deeds. Henceforth in the famous case of Beswick v Beswick, [11] where B, a coal merchant and the defendant, his assistant entered into a contract for the transfer of his business on his death to him in exchange of the defendant to pay his widow an annuity amount of $5 per week. ...", "A person may take an immediate or other interest in land or other property, or the benefit of any condition, right of entry covenant or agreement over or respecting land or other property, although he may not be named as a party to the conveyance or other instrument: ...". Since the latter term was for the benefit of someone not party to the contract, the nephew did not believe it was enforceable and so did not perform it, making only one payment of the agreed weekly amount of 5 pounds. Leading counsel for the respondent based his case on other grounds, and as I agree that the respondent succeeds on other grounds, this would not be an appropriate case in which to solve this question. IN Beswick v. Beswick an uncle transferred his business to his nephew. I had thought from what Lord Simonds said in White's case[10] that section 5 of the Act of 1845 did enable certain persons to take benefits which they could not have taken without it. In that sense and it is a very real sense, the third person has a right arising by way of contract. The decision was clearly right. Then the appellant says that A can only recover nominal damages of 40s. I cannot agree with that. So an agreement between A and B that A will use certain personal property for the benefit of X would be within the scope of the section, but an agreement that if A performs certain services for B, B will pay a sum to X would not be within the scope of the section. Beswick … She was also the administratrix of her husband's will. Beswick Engineering’s QD3NL quick disconnect series is a great fit for use in cooling systems where no latching mechanism is required, such as a rack mounted tray. PBs widow brought an action as administrator of PB’s estate and also in her personal capacity claiming for specific performance. Company Registration No: 4964706. 0d. PB’s widow raised two interesting questions for the court to consider. So, if X has no right, A can at any time grant a discharge to B or make some new contract with B. Contract law – Privity of contract – Specific performance. Mrs. Beswick was unsuccessful at trial and successful at appeal, which John Joseph Beswick appealed. Contract law – Privity of contract – Specific performance. Mrs Coulls was not a party to it. Upon the death of PB, the nephew paid PB’s wife once but then not again. A. 88; [1937] 3 All E.R. Judgement for the case Beswick v Beswick A sold his business to B on the condition that B help maintain his widow, C, once A had died. It would mean that the appellant keeps the business which he bought and for which he has only paid a small part of the price which he agreed to pay. Mail: Attn: Applications Engineering Dept. There may have been a time when the existence of a right depended on whether there was any means of enforcing it, but today the law would be sadly deficient if one found that, although there is a right, the law provides no means for enforcing it. For the reasons given by your Lordships I would reject the arguments submitted for the appellant that specific performance is not a possible remedy in this case. Beswick v Beswick [1968] AC 58. Lord Denning in the Court of Appeal started describing the facts of the case in the following way. Indeed the contrary was not argued. Perhaps more important is the fact that the section does not say that a person may take the benefit of an agreement although he was not a party to it: it says that he may do so although he was not named as a party in the instrument which embodied the agreement. Furthermore, Mrs Beswick was entitled to specific performance of the contract. … After citing the earlier cases Wynn-Parry J. said,[9], "I think it emerges from these cases that the section has not the effect of creating rights, but only of assisting the protection of rights shown to exist.". Beswick v Beswick [1968] AC 58 Case summary last updated at 04/01/2020 14:51 by the Oxbridge Notes in-house law team. 351, 365; 54 T.L.R. STAC 5/B27/11 - B A - 34 Eliz - Gregory Beswicke v Edward Robinson, William Gryme et al; STAC 5/B24/5 - I D - 35 Eliz - Gregory Boswicke v Edward Robinson, William Gryme Then the first question appears to me to be whether the parties intended that X should receive the money simply as A's nominee so that he would hold the money for behoof of A and be accountable to him for it, or whether the parties intended that X should receive the money for his own behoof and be entitled to keep it. Ohio had the highest population of Beswick families in 1840. Rate Andrew. He was born March 17, 1920, in Canton, OH, to Vernon J. Beswick and Florenc 443; [1943] 2 All E.R. Peter Beswick was a coal merchant. Beswick v. Beswick — (1966) Ch. She brought an action to enforce the nephew's promise, suing both in her own right and as administratrix. By agreement, dated 14th March, 1962, the late Peter Beswick assigned to Joseph Beswick his business as coal merchant in consideration of Joseph employing Peter as a consultant for the remainder of his life at a weekly salary of £6 10s. In Beswick v Beswick, the agreement was that Peter Beswick assign his business to his nephew in consideration of the nephew employing him for the rest of his life and then paying a … The daughters, not being parties to the agreement, had no right to sue for their annuities. 853; [1951] 2 T.L.R. In Beswick v Beswick, the agreement was that Peter Beswick assign his business to his nephew in consideration of the nephew employing him for the rest of his life and then paying a … ); 2nd Blanche Rogers. Beswick v Beswick [1967] Facts The claimant’s husband gave their nephew his business on the agreement that following his death, the nephew would pay his aunt (the claimant) £5 per week If the words of the Act are only capable of one meaning we must give them that meaning no matter how they got there. It … The context in which this section occurs is a consolidation Act. Beswick v Beswick [1967] UKHL 2, [1968] AC 58 was a landmark English contract law case on privity of contract and specific performance. The land is something which existed before and independently of the agreement and the same must apply to the other property. Case Summary In the Court of Appeal[7] Sir Wilfrid Greene M.R. In-house law team. The nephew argued that as Mrs Beswick was not a party to the contract, she was not able to enforce it due to the doctrine of privity of contract. The case concerned a widow who should have received a weekly annuity of five pounds from her nephew. 250; [1953] 3 W.L.R. Husband of Mary E. *1870* Age in 1870: 38 Birthplace: Ohio Union, Van Buren, Iowa Post Office: Utica Household Members: James Beswick 38 Viola Beswick 20 A V Beswick 10 A M Beswick 8 W S Beswick 6 L R Beswick 4. I am reinforced in this view by two facts. Email: techsupport@beswick.com. In Beswick v Beswick [1968] AC 58 case, A was in poor health and agreed with the defendant, his nephew, that he would transfer the trade and goodwill of his coal business to him on the basis that the nephew employed him as a consultant for the rest of his life and paid him for this. He said,[1]. Lord ReidLord HodsonLord GuestLord PearceLord Upjohn. If the definition is not applied the section is a proper one to appear in such an Act because it can properly be regarded as not substantially altering the pre-existing law. But more difficulty is introduced by the definition section of the Act of 1925 (section 205 ) which provides: "(1) In this Act unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:- ... (xx) 'Property' includes any thing in action, and any interest in real or personal property. Find Frances Beswick in the United States. 83; 60 T.L.R. as the person representing someone's estate who dies without a will) could enforce the nephew's promise to pay Mrs Beswick an annuity. In In re Miller's Agreement[8] two partners covenanted with a retiring partner that on his death they would pay certain annuities to his daughters. 1111; [1953] 2 All E.R. We also have a number of samples, each written to a specific grade, to illustrate the work delivered by our academic services. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. He used to take the lorry to the yard of the National Coal Board, where he bagged coal and took it round to his customers in the neighbourhood. Reverting to my simple example the next question appears to me to be: Where the intention was that X should keep the £1,000 as his own, what is the nature of B's obligation and who is entitled to enforce it? Married twice, 1st to Annetta B. Norton (Richardson? So, in order to pave the way for the consolidation Act of 1925, earlier Acts were passed in 1922 and 1924 in which were enacted all the substantial amendments which now appear in the Act of 1925 and these amendments were then incorporated in the Bill which became the Act of 1925. Citations: [1968] AC 58; [1967] 3 WLR 932; [1967] 2 All ER 1197; (1967) 111 SJ 540; [1967] CLY 641. Lord Reid. Facts. IN Beswick v. Beswick 1 an uncle transferred his business to his nephew. He died, and the nephew only paid his aunt once before stating that no contract existed between them. I think that In re Schebsman[3] was rightly decided and that the reasoning of Uthwatt J. Beswick v Beswick [1967] UKHL 2, [1968] AC 58 was a landmark English contract law case on privity of contract and specific performance. v. BESWICK (A.P.) Danckwerts LJ and Salmon LJ concurred in the result, though not with Lord Denning's reasoning. The first was whether the widow, as an administrator to PB’s estate, could claim for an order of specific performance for PB’s nephew to honour his agreement. We found 4 entries for Frances Beswick in the United States. But if they are capable of having more than one meaning we are, in my view, well entitled to see how they got there. X would have an equitable right and A would be entitled and, indeed, bound to recover the money and account for it to X. and A would have no right to grant a discharge to B. So he must seek to make B pay X. Lord Denning held that Mrs Beswick was entitled to claim in her capacity as a third party intended to benefit from the contract. 250, Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board, Drive Yourself Hire Co. (London) Ltd. v. Strutt, Chelsea and Walham Green Building Society v. Armstrong, Coulls v. Bagot’s Executor and Trustee Co Ltd, Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd, https://en.wikipedia.org/w/index.php?title=Beswick_v_Beswick&oldid=903160939, Creative Commons Attribution-ShareAlike License, [1966] Ch 538, [1966] 3 WLR 396, [1966] 3 All ER 1, Lord Reid, Lord Pearce, Lord Upjohn and Lord Guest, Privity, third parties, consideration, specific performance, Flannigan, 'Privity - The End of an Era (Error)' (1987) 103, This page was last edited on 24 June 2019, at 00:08. So this obligation of B must be enforceable either by X or by A. I shall leave aside for the moment the question whether section 56 (1) of the Law of Property Act 1925, has any application to such a case, and consider the position at common law. Again he was not considering an ordinary contract and I do not think that he can be held to have meant that every person who falls within the "scope and benefit" of any contract is entitled to sue, though not a party to the contract. Even if she was, she would not be able to enforce it, as she gave no consideration. There have been several decisions involving this question. It was not argued that the law of England regards B's obligation as a nullity, and I have not observed in any of the authorities any suggestion that it would be a nullity. By express provision in the definition section a definition contained in it is not to be applied to the word defined if in the particular case the context otherwise requires. The Aunty was not a party to the contract. So they went to a solicitor, Mr. Ashcroft, who drew up an agreement for them. A V Beswick 10 A M Beswick 8 W S Beswick 6 L R Beswick 4. . Beswick v Beswick House of Lords. Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of LawTeacher.net. 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 disagreed with Lord Denning in the Court of Appeal, that the law allowed third parties to sue to enforce benefits under a contract. *You can also browse our support articles here >. Reference this Such a capricious distinction would alone throw doubt on this interpretation. It is true that a strong Law Revision Committee recommended so long ago as 1937 (Cmd. If there were a trust the position would be different. The Revenue's claim for estate duty was rejected. In the present case I think it clear that the parties to the agreement intended that the respondent should receive the weekly sums of £5 in her own behoof and should not be accountable to her deceased husband's estate for them. However, they held that Mrs Beswick in her capacity as Mr Beswick's administratrix (i.e. In Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board [1949] 2 KB 500, 514, Denning LJ had already tried to dispose of the English doctrine of privity. In Smith and Snipes Hall Farm Ltd v River Douglas Catchment Board[11] Denning L.J., after stating his view that a third person can sue on a contract to which he is not a party, referred to section 56 as a clear statutory recognition of this principle, with the consequence that Miller's case[12] was wrongly decided. He was not concerned to consider whether or in what way the section could be applied to personal property. He had no business premises. It is true that section 56 says " although he may not be named "; but section 5 of the Act of 1845 says although he "be not named a party." 387, [1937] Ch. In return, the nephew promised him that he would, after the uncles's death, pay ?5 per week to his widow. And, if that is so, section 56 must now have the same effect. because the fact that X has not received the money will generally cause no loss to A: he admits that there may be cases where A would suffer damage if X did not receive the money but says that the present is not such a case. In March 1962, old Peter Beswick and his wife were both over 70. Son of Samuel Beswick & Augusta Kuhn. damages. The evidence showed that it had been written about many times, notably by Captain Roskill, R.N., the official naval historian, and by the late Mr. Godfrey Winn, whose book was said to have sold half a million copies. The circumstances surrounding Beswick's death are described in detail in Beswick v. City of Philadelphia, 2001 U.S. Dist. Beswick v Beswick AC 58 A nephew promised his Uncle to pay an annuity to his Aunty in consideration of the Uncle transferring the goodwill of the business to the nephew. The nephew also agreed to pay PBs wife after PB died for the rest of her life. Whether they received them or not depended on whether the other partners were willing to pay or, if they did not pay, whether the deceased partner's executor was willing to enforce the contract. That Act was a consolidation Act and it is the invariable practice of Parliament to require from those who have prepared a consolidation Bill an assurance that it will make no substantial change in the law and to have that checked by a committee. Beswick Beswick'' v ''Beswick The case's summary of the doctrine of privity in the common law was upheld in Dunlop v Selfridge (1915) and Beswick v Beswick (1967), but it was frequently criticised for obstructing the wishes of the contracting parties. and in Drive Yourself Hire Co. (London) Ltd. v. Strutt[13] Denning L.J. The House of Lords reaffirmed in the doctrine of Privity of Contract in Beswick v. Beswick. BAD GOOD. Mrs. Beswick was unsuccessful at trial which she appealled. The respondent's first answer is that the common law has been radically altered by section 56 (1) of the Law of Property Act 1925, and that that section entitles her to sue in her personal capacity and recover the benefit provided for her in the agreement although she was not a party to it. B reneged on the promise and C sued him. I am bound to say I do not quite understand that. If so, it becomes necessary to consider whether that definition can be applied to section 56. The argument for the appellant is that A's only remedy is to sue B for damages for B's breach of contract in failing to pay the £1,000 to X. The interpretation of section 56 was not the main issue. The uncle died and the widow became his administratrix. That section provided: "That, under an indenture, executed after October 1, 1845, an immediate estate or interest, in any tenements or hereditaments, and the benefit of a condition or covenant, respecting any tenements or hereditaments, may be taken, although the taker thereof be not named a party to the same indenture. Earl V. Beswick Earl V. Beswick, 87, passed away peacefully at his home on February 19, 2008, following an extended illness. The respondent's second argument is that she is entitled in her capacity of administratrix of her deceased husband's estate to enforce the provision of the agreement for the benefit of herself in her personal capacity, and that a proper way of enforcing that provision is to order specific performance. Andrew Beswick, 49 Bend, OR. I assume that A has not made himself a trustee for X, because it was not argued in this appeal that any trust had been created. 5449): "That where a contract by its express terms purports to confer a benefit directly on a third party it shall be enforceable by the third party in his own name ..." (p. 31). For clarity I think it best to begin by considering a simple case where, in consideration of a sale by A to B, B agrees to pay the price of £1,000 to a third party X. 179, C.A. B Bill of Complaint Dr Demurrer A Answer Rn Replication Rr Rejoinder C Commission I Interrogatories D Deposition . The deceased, being 70 years old and became ill, decided to step back from his business. I would not venture to criticise it, but I do not think it necessary for me to consider it if it leads to the conclusion that section 56 taken by itself would not assist the present respondent. The House of Lords disagreed with Lord Denning in the Court of Appeal, that the law allowed third parties to sue to enforce benefits under a contract. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. It refers to any "agreement over or respecting land or other property." Where a contract is made for the benefit of a third person who has a legitimate interest to enforce it, it can be enforced by the third person in the name of the contracting party or jointly with him or, if he refuses to join, by adding him as a defendant. He had no business premises. Old Peter Beswick was a coal merchant in Eccles, Lancashire. Beswick v Beswick [1968] AC 58 This case best illustrates the privity rule. In 1840 there were 9 Beswick families living in Ohio. That would produce a just result, and, unless there is some technical objection, I am of opinion that specific performance ought to be ordered. 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