. Section 56 has been discussed in recent common law cases e.g. She brought an action to enforce the nephew's promise, suing both in her own right and as administratrix. reconsideration of the rule in Beswick v. Beswick, and hoped might be reviewed. 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. *613 George M. Roberts argued the cause for appellants. Supreme Court of Oregon. 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 . Argued March 14, 1958. 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. On the briefs were Roberts, Kellington & Branchfield, Medford. However the champions of the cause in [1961] 1 Q.B.106 to the best of my recollection … PHELAN v. BESWICK. ... Student Law Notes is the perfect resource for Law Students on the go! IN Beswick v. Beswick an uncle transferred his business to his nephew. This case considered the issue of privity of contract and whether or not a person who was not a party to a contract could enforce a contract that they received a benefit from. Green v.Russell [1959] 2 Q.B.226 where the argument was rejected by the Court ofAppeal. Beswick v Beswick [1968] AC 58. Furthermore the acceptance was given to him by someone who was not authorised and consequently there was no valid acceptance or breach of contract. l2 I I ' I I I that all the cases which "stand guard over this unjust rule" 1.3 The Law Commission first became interested in this subject after its creation in 1965. Item 1 of the First Programme of law reform was the codification of the law … He distinguishes Dunlop Pneumatic Tyre Co. Ltd. v Selfridge & Co. Ltd. as Dunlop had no legitimate interest other than maintaining prices to the public disadvantage. Cited – White v Bijou Mansions ChD ([1937] Ch 610) Before the Court of Appeal in Midland Silicones Ltd. v. ScruttonsLtd. Affirmed June 18, 1958. The House of Lords disagreed with Lord Denning MR's dicta in the Court of Appeal that someone specifically intended to benefit from a … In return, the nephew promised him that he would, after the uncles's death, pay €5 per week to his widow. 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. 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. Finding that Mrs. Beswick has a legitimate interest to enforce the contract as it was made for her benefit she has an interest protected by law. – Beswick v Beswick 4) Too many statutory and common law exceptions to privity, making it an unjust one Exceptions are uncertain and subject to too much litigation, making reform necessary 5) Exceptions are too complex, artificial and uncertain William M. Briggs, Ashland, argued the cause and filed a brief for respondent. The plaintiff was not successful in court because the form of communication of the acceptance was not an effective form of communication. The uncle died and the widow became his administratrix. The House of Lords reaffirmed in the doctrine of Privity of Contract in Beswick v. Beswick. Brief for beswick v beswick law teacher 1959 ] 2 Q.B.226 where the argument was rejected by the ofAppeal... Briefs were Roberts, Kellington & Branchfield, Medford the cause and filed a brief for respondent brought... 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