For purely practical reasons we do not permit debates in either House to be cited: it would add greatly to the time and expense involved in preparing cases involving the construction of a statute if counsel were expected to read all the debates in Hansard, and it would often be impracticable for counsel to get access to at least the older reports of debates in Select Committees of the House of Commons, moreover, in a very large proportion of cases such a search, even if practicable, would throw no light on the question before the court. 387, [1937] Ch. Section 56 was obviously intended to replace section 5 of the Real Property Act, 1845 (8 and 9 Vict. Beswick v. Beswick — (1966) Ch. However, they held that Mrs Beswick in her capacity as Mr Beswick's administratrix (i.e. He had his leg amputated and was not in good health. 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. But if they are capable of having more than one meaning we are, in my view, well entitled to see how they got there. Beswick v Beswick [1967] UKHL 2, [1968] AC 58 was a landmark English contract law case on privity of contract and specific performance. So for the purposes of this case I shall proceed on the footing that the commonly accepted view is right. Lord ReidLord HodsonLord GuestLord PearceLord Upjohn. 610; 53 T.L.R. The House of Lords disagreed with Lord Denning MR's dicta in the Court of Appeal that someone specifically intended to benefit from a … 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. 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. It … and in Drive Yourself Hire Co. (London) Ltd. v. Strutt[13] Denning L.J. In construing any Act of Parliament we are seeking the intention of Parliament and it is quite true that we must deduce that intention from the words of the Act. The defendant paid once the amount and then seized the payment. However the case remains good law in many other Commonwealth common law jurisdictions. All he had was a lorry, scales, and weights. VAT Registration No: 842417633. IN Beswick v. Beswick an uncle transferred his business to his nephew. 443; [1943] 2 All E.R. The Beswick family name was found in the USA, the UK, Canada, and Scotland between 1840 and 1920. 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. Earl V. Beswick Earl V. Beswick, 87, passed away peacefully at his home on February 19, 2008, following an extended illness. 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. In 1840 there were 9 Beswick families living in Ohio. We found 4 entries for Frances Beswick in the United States. 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. 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.". In Australia, Coulls v. Bagot’s Executor and Trustee Co Ltd (1967) 119 CLR 460 shows the approach has been similar. 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. beatrix potter - beswick / royal albert - figurine selection with various backstamps - j to m. Please note that this is a multi listing so please select the item you are interested in from the drop down menu as each item is individually priced. She was not a party to the agreement. 269. 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. 1475, C.A. v. BESWICK (A.P.) B reneged on the promise and C sued him. And, if one had to contemplate a further long period of Parliamentary procrastination, this House might find it necessary to deal with this matter. 250; [1953] 3 W.L.R. Do you have a 2:1 degree or higher? 500, 517; 65 T.L.R. In that sense and it is a very real sense, the third person has a right arising by way of contract. Beswick V.Beswick [1967] Ukhl 2: Beswick v Beswick [1967] UKHL 2 is a landmark English contract law case on privity of contract and specific performance. The agreement was that Peter assign his business to his nephew in consideration of the nephew employing him for the rest of his life and then paying a weekly annuity to Mrs Beswick. Beswick … Beswick agreed to sell his coal merchant business to his nephew in return for a promise for an annuity to be paid to Mr Beswick during his life and after Beswick’s death an annuity to his wife. However the champions of the cause in She was also the administratrix of her husband's will. Appeal from – Beswick v Beswick CA ([1966] Ch 538) The court was asked as to breach of an agreement to pay a man’s widow an annuity for life. The language of section 56 is not at all what one would have expected if the intention had been to bring in all that the application of the definition would bring in. Dunlop Pneumatic Tyre v Selfridge & Co Ltd, Woodar Investment Development Ltd v Wimpey Construction UK Ltd, Contracts (Rights of Third Parties) Act 1999, Nisshin Shipping Co Ltd v Cleaves & Co Ltd. [1944] Ch. 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. His nephew, John Joseph Beswick, helped him in his business. Beswick v Beswick [1968] AC 58. English contract law is … But it may be that additional difficulties would arise from the application to section 56 of the definition of property in the definition section. … The Revenue's claim for estate duty was rejected. Even if she was, she would not be able to enforce it, as she gave no consideration. He had no business premises. 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. Those earlier Acts contain nothing corresponding to section 56 and it is therefore quite certain that those responsible for the preparation of this legislation must have believed and intended that section 56 would make no substantial change in the earlier law, and equally certain that Parliament passed section 56 in reliance on an assurance that it did make no substantial change. 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. Free resources to assist you with your legal studies! But the view more commonly held in recent times has been that such a contract confers no right on X and that X could not sue for the £1,000. Email: techsupport@beswick.com. 853; [1951] 2 T.L.R. Applying what I have said to the circumstances of the present case, the respondent in her personal capacity has no right to sue, but she has a right as administratrix of her husband's estate to require the appellant to perform his obligation under the agreement. And, secondly, section 56 is one of 25 sections which appear in the Act under the cross-heading "Conveyances and other Instruments." Peter Beswick was a coal merchant. Holding that the section has such an effect would involve holding that the invariable practice of Parliament has been departed from per incuriam so that something has got into this consolidation Act which neither the draftsman nor Parliament can have intended to be there. The section refers to agreements "over or respecting land or other property." Held: A plaintiff is entitled to no more than nominal damages in respect of the defendant’s breach of a contract where the plaintiff himself has . I cannot agree with that. The nephew also agreed to pay PBs wife after PB died for the rest of her life. 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. In the Court of Appeal[7] Sir Wilfrid Greene M.R. If so, it must have given them rights which they did not have without it. It was also important to see how the court weighed this claim alongside her claim on a personal level, which that she could claim as a party to the contract between her late husband and nephew. 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. Pa. March 1, 2001), in which this court granted in part and denied in part the City's Motion to Dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6). But if its scope is wider, then two points must be considered. The decision was clearly right. 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. I am therefore of opinion that the Court of Appeal reached a correct decision and that this appeal should be dismissed. The name Frances Beswick has over 4 birth records, 1 death records, 1 criminal/court records, 10 address records, 1 phone records and more. Peter Beswick agreed to transfer his business to the defendant in consideration of the promise to employ Peter as ‘consultant’ during his lifetime and after his death, to pay an annuity of £ 5 a week to his widow. So they went to a solicitor, Mr. Ashcroft, who drew up an agreement for them. He agreed to sell his business to his nephew, the respondent, if he paid him a certain sum of money for as long as he lived, and then to pay his wife (the appellant) £5 per week for the rest of her life after he died. Son of Samuel Beswick & Augusta Kuhn. Beswick v Beswick [1967] UKHL 2, [1968] AC 58 was a landmark English contract law case on privity of contract and specific performance. Ohio had the highest population of Beswick families in 1840. The House of Lords reaffirmed in the doctrine of Privity of Contract in Beswick v. Beswick. 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. [4] and the Court of Appeal supports what I have just said. Find Frances Beswick in the United States. He has refused to do so and he maintains that the respondent's only right is to sue him for damages for breach of his contract. again expressed similar views about section 56. A V Beswick 10 A M Beswick 8 W S Beswick 6 L R Beswick 4. So Mrs Beswick … 366; 59 T.L.R. 83; 60 T.L.R. If there were a trust the position would be different. Married twice, 1st to Annetta B. Norton (Richardson? Hours: 8:30 AM to 5:30 PM (ET) If calling outside of our normal business hours: Please leave a voicemail at extension 19, 22, or 28. [1954] 1 Q.B. Bagots was entitled to the benefit of this contract as executor of Mr Coull's Estate. Get full address, contact info, background report and more! ); 2nd Blanche Rogers. 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. The deceased, being 70 years old and became ill, decided to step back from his business. 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. A man who makes a deliberate promise which is intended to be binding, that is to say, under seal, or for good consideration, must keep his promise; and the court will hold him to it, not only at the suit of the party who gave the consideration but also at the suit of one who was not a party to the contract, provided that it was made for his benefit and that he has a sufficient interest to entitle him to enforce it, subject always, of course, to any defences that may be open on the merits. Many people, including judges had called for statutory reform and in England this came in the form of the Contracts (Rights of Third Parties) Act 1999, which gives a general right to enforce the benefit of a contract when one was either expressly identified as being able to enforce it, or one was intended to benefit. 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. If that were so, I shall assume that he is right in maintaining that the administratrix could then only recover nominal damages because his breach of contract has caused no loss to the estate of her deceased husband. PB was in poor health and agreed with the defendant, his nephew, that he would transfer the trade and good will 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. 312; [1951] 2 All E.R. 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. 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. 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. PB’s widow raised two interesting questions for the court to consider. He agreed with the defendant to transfer his business’ goodwill and tools to the defendant. 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. 546, C.A. But if legislation is probable at any early date I would not deal with it in a case where that is not essential. Lexis 2162, Civ. 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. 538, [1968] AC 58 is a landmark English contract case on privity of contract.BackgroundLord Denning described the facts of the case:: Old Peter Beswick was a coal merchant in Eccles, Lancashire. 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 my lords, Before 1962 the Respondent's deceased husband carried on business as acoal merchant. damages. 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. ", Before further considering the meaning of section 56 (1) I must set out briefly the views which have been expressed about it in earlier cases. [1951] Ch. She brought an action to enforce the nephew's promise, suing both in her own right and as administratrix. But if the definition is applied the result is to make section 56 go far beyond the pre-existing law. Lord Denning's view, expressed in this case not for the first time, is that X could enforce this obligation. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 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. He was not concerned to consider whether or in what way the section could be applied to personal property. I can now return to consider the meaning and scope of section 56. The case concerned a widow who should have received a weekly annuity of five pounds from her nephew. In-house law team. He died, and the nephew only paid his aunt once before stating that no contract existed between them. The court held that it could be specifically enforced by the Uncle’s personal representative (the Aunty) against the nephew. 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. 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 other twenty-four sections come appropriately under that heading and so does section 56 if it has a limited meaning: but, if its scope is extended by the definition of property, it would be quite inappropriately placed in this part of the Act. Old Peter Beswick was a coal merchant in Eccles, Lancashire. On this assurance the Bill is then passed into law, no amendment being permissible. 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. So he must seek to make B pay X. Indeed the contrary was not argued. Mrs Coulls was not a party to it. 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. The Aunty was not a party to the contract. It refers to any "agreement over or respecting land or other property." He died, and the nephew only paid his aunt once before stating that no contract existed between them. Case Summary He said,[1]. 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. 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. That appears to me to be a question of construction of the agreement read in light of all the circumstances which were known to the parties. [1938] Ch. What then is A's position? Then the appellant says that A can only recover nominal damages of 40s. 88; [1937] 3 All E.R. Company Registration No: 4964706. Today the judicial precedent has been codified by statute in the United Kingdom, and Lord Denning MR's decision has largely been given effect by the Contracts (Rights of Third Parties) Act 1999. He was born March 17, 1920, in Canton, OH, to Vernon J. Beswick and Florenc 0d. 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. ...", "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: ...". c. 106) . 128; [1943] 2 All E.R. Such a capricious distinction would alone throw doubt on this interpretation. 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. 00-1304, 2001 WL 210292 (E.D. 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. There have been several decisions involving this question. He would avoid paying the rest of the price, the annuity to the respondent, by paying a mere 40s. The court granted the widow an order of specific performance for the payment owed by PB’s nephew as an administrator to her husband’s estate. Beswick v Beswick [1968] AC 58 This case best illustrates the privity rule. 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. A. Upon the death of PB, the nephew paid PB’s wife once but then not again. [1943] Ch. No. White v. Bijou Mansions Ltd.[5] dealt with a covenant relating to land. Registered Data Controller No: Z1821391. . I am bound to say I do not quite understand that. He cannot sue B for the £1,000 because under the contract the money is not payable to him, and, if the contract were performed according to its terms, he would never have any right to get the money. The uncle died and the widow became his administratrix. In March 1962, old Peter Beswick and his wife were both over 70. Lord Reid's judgment outlined the details, with which Lords Hodson, Pearce, Upjohn and Guest concurred. However, they held that Mrs Beswick in her capacity as Mr Beswick's administratrix (i.e. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. Andrew Beswick, 49 Bend, OR. 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 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. The interpretation of section 56 was not the main issue. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The most Beswick families were found in the UK in 1891. Reference this 628; [1949] 2 All E.R. In return, the nephew promised him that he would, after the uncles's death, pay ?5 per week to his widow. He had no business premises. Simonds J. rejected an argument that section 56 enabled anyone to take advantage of a covenant if he could show that if the covenant were enforced it would redound to his advantage. If so, it becomes necessary to consider whether that definition can be applied to section 56. We also have a number of samples, each written to a specific grade, to illustrate the work delivered by our academic services. as the person representing someone's estate who dies without a will) could enforce the nephew's promise to pay Mrs Beswick an annuity. Contract law – Privity of contract – Specific performance. 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." Beswick v. Beswick 1 The decision of the House of Lords in Beswick v. Beswick appears to be tolling the death knell of hopes entertained by some judges and academic lawyers, of circumverting the common law doctrine of privity of contract by resorting to section 56(1) of the Law of Property Act, 1925. It discusses Beswick v Beswick (1968), where a promise to pay money to a third party was, though not enforceable by that party, specifically enforceable in her favour by the promisee. 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. CASSELL V. BROOME FACTS The fate of the PQ17 convoy is one of the most publicised, as well as one of the most tragic, naval operations of World War II. 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. Contract law – Privity of contract – Specific performance. 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. If the words of the Act are only capable of one meaning we must give them that meaning no matter how they got there. BAD GOOD. He had said. 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