So, if X has no right, A can at any time grant a discharge to B or make some new contract with B. v. BESWICK (A.P.) BESWICK (A.P.) it is now established that no stranger to the consideration can take advantage of a contract, although made for his benefit".18 In Beswick V. Beswick Lord Denning, M.R. Lord Reid's judgment outlined the details, with which Lords Hodson, Pearce, Upjohn and Guest concurred. They would not necessarily be $500; they could I think be less or more.'. 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. Lord Scarman, recalling Lord Reid's reference to "Parliamentary procrastination," commented: "the Committee reported in 1937; Beswick v. Beswick was decided in … 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. 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 decision was clearly right. The section refers to agreements "over or respecting land or other property." In 1980, during an appeal by the Birmingham Six (who were later acquitted In The Family Story (Butterworths, 1981) Lord Denning wrote: ... Beswick v Beswick [1966] Ch 538. 538; 4. In return, the nephew promised him that he would, after the uncles's death, pay ?5 per Lord Reid. After citing the earlier cases Wynn-Parry J. said, "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.". 1915). But if legislation is probable at any early date I would not deal with it in a case where that is not essential. 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). (a) Beswick v. Beswick6 Peter Beswick was an elderly coal merchant who entered into an agree- ment with his nephew John Joseph Beswick (the defendant in the action) for the sale of the former's business Lord Denning MR held that Mr Jackson could recover damages of £600 for defective performance and £500 for disappointment or ‘mental distress’ for himself and his family. Stupple v Royal Insurance Co Ltd [1971] 1 QB 50 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. Lord Denning was a judge for 38 years, retiring at the age of 83 in 1982. I can find no principle to this effect. 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. So they went to a solicitor, Mr. Ashcroft, who drew up an agreement for them": Beswick v. Beswick (1966) Ch. Lord Reid My Lords, before 1962 the respondent's deceased husband carried on business as a coal merchant. 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. Morris v CW Martin & Sons Ltd 1 QB 716 Wheat v … Such a principle would be repugnant to justice and fulfil no other object than that of aiding the wrongdoer. 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. She was also the administratrix of her husband's will. 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. What then is A's position? A few examples from past cases serve to illustrate this point. 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. [11] Beswick v Beswick… The House of Lords, although not very enthusiastic about privity, refused to follow Lord Denning's attempt to abolish the doctrine in a famous case Beswick v Beswick 1968 AC 58: The doctrine came under strong attack by Lord Denning in various cases in the 1960's and 1970's. But I can see no objection to investigating in the present case the antecedents of section 56. 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. Old Peter Beswick was a coal merchant in Eccles, Lancashire. 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. 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. Lush, LJ, in Lloyd's v Harper said: 'Then the next question which, no doubt, is a very important and substantial one, is, that Lloyds, having sustained no damage themselves, could not recover for the losses sustained by third parties by reason of the default of Robert Henry Harper as an underwriter. He used to take the lorry to the yard of the National Coal 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." Standard form of contracts is … 726-731. So for the purposes of this case I shall proceed on the footing that the commonly accepted view is right. But if its scope is wider, then two points must be considered. 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. I am reinforced in this view by two facts. However, they held that Mrs Beswick in her capacity as Mr Beswick's administratrix (i.e. Increasingly this rule came to be seen to work injustice in many cases and some judges, in particular Lord Denning, were highly critical of it, in some cases finding creative ways of avoiding the application of the doctrine. 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. I can now return to consider the meaning and scope of section 56. 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