Tweddle v. Atkinson (1861)

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Case Summary

Citation: [1861] EWHC QB J57, 1 B&S 393, 121 ER 762
Court: Queen’s Bench (England)
Year of Judgment: 1861
Judges: Wightman J., Crompton J., Blackburn J.

Facts of the Case

• The case involved John Tweddle (the claimant) and William Atkinson (the defendant).
• John Tweddle was about to marry the daughter of William Guy.
• Both fathers (William Guy and William Atkinson) entered into an agreement where each promised to pay a sum of money to the groom, John Tweddle, after the marriage.
• Guy died before paying, and Atkinson also failed to pay his promised share.
• John Tweddle sued Atkinson (the father of the bride) to enforce the agreement.

Legal Issues

1. Whether a person (the groom) who was not a party to the contract but a beneficiary could enforce it.
2. Whether consideration given by one party could allow a third-party beneficiary to claim contractual rights.
3. Whether the principle of privity of contract barred recovery by non-parties.

Arguments

Plaintiff (John Tweddle)

• Argued that since the agreement was made for his benefit, he should be able to enforce it.
• Claimed that the intention of both fathers was to provide financial security for him as the groom.

Defendant (Atkinson’s Executor)

• Argued that Tweddle was not a party to the agreement and had given no consideration.
• Claimed that under English contract law, only parties to a contract could enforce its terms.

Judgment of the Court

• The Queen’s Bench dismissed Tweddle’s claim.
• It held that consideration must move from the promisee, meaning a person cannot enforce a contract unless they have provided consideration.
• Furthermore, the rule of privity of contract applied: only those who are parties to a contract can sue on it.

Ratio Decidendi

• Established the doctrine of Privity of Contract in English law: a contract cannot be enforced by someone who is not a party to it.
• Confirmed that consideration must move from the promisee; a person who has not provided consideration cannot enforce a promise, even if made for their benefit.

Legal Significance

1. This case is a leading authority on the doctrine of Privity of Contract.
2. It reinforced the idea that third-party beneficiaries cannot sue on contracts made for their benefit.
3. The principle remained binding in English law until reforms such as the Contracts (Rights of Third Parties) Act, 1999, which now allows third parties to enforce certain contracts.
4. Still cited in common law jurisdictions as a foundation of consideration and privity rules.

The case of Tweddle v. Atkinson (1861) is a cornerstone in English contract law, firmly establishing the doctrines of consideration and privity. The judgment highlighted that even if a contract is intended to benefit a third party, they cannot enforce it unless they are a party to the agreement and have provided consideration. While later legislation has softened this rigid stance, the case remains an essential precedent in the evolution of contract law.