Tweddle v. Atkinson

Tweddle v. Atkinson (1861),1 B. & S. 393; 121 E.R. 762 was a British court case that served to establish the principle of privity of contract in English law.

The Plaintiff was the son of the late John Tweddle. Tweddle had arranged with late William Guy that a marriage portion would be given to the plaintiff as part of the marriage.

The courts ruled that promisee cannot bring an action unless the consideration from the promise moved from him. Consideration must move from party entitled to sue upon the contract.

This case highlights the rules on third parties to a contract. No legal entitlement is conferred on third parties to an agreement. Third parties to a contract do not derive any rights from that agreement nor are they subject to any burdens imposed by it.

ee also

* Contract
* Intention
* Promise

References

*cite web
publisher = Law Teacher
title = Contract Law Privity
url = http://www.lawteacher.net/Contract/Privity/Privity.htm
accessdate = 2007-09-03
*cite web
publisher = House of Commons Publications and Records - Second Reading Committee
title = Contracts (Rights of Third Parties) Bill [Lords]
url = http://www.lawteacher.net/Contract/Privity/Privity.htm
accessdate = 2007-09-03
*cite journal
last = Andrews
first = Neil
title = STRANGERS TO JUSTICE NO LONGER: THE REVERSAL OF THE PRIVITY RULE UNDER THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
journal = The Cambridge Law Journal
volume = 60
pages = 353–381
date = 2001-07-25
url = http://journals.cambridge.org/action/displayAbstract;jsessionid=591814CBE0A594AD7EEE9318F05A7F09.tomcat1?fromPage=online&aid=81251
doi = 10.1017/S0008197301000150
accessdate = 2007-09-03
*cite web
publisher = Intellectual Property and Information Technology Update
title = Information and Communications Technology: Source Code Escrow and the Contracts (Rights of Third Parties) Act 1999
url = http://www.ipit-update.com/ictcon11.htm
accessdate = 2007-09-03