Beswick v Beswick [1968] AC 58<\/strong><\/p>\n Contract law \u2013 Privity of contract \u2013 Specific performance<\/em><\/p>\n 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. The nephew also agreed to pay PBs wife after PB died for the rest of her life. She was not a party to the agreement. Upon the death of PB, the nephew paid PB\u2019s wife once but then not again. PBs widow brought an action as administrator of PB\u2019s estate and also in her personal capacity claiming for specific performance.<\/p>\n PB\u2019s widow raised two interesting questions for the court to consider. The first was whether the widow, as an administrator to PB\u2019s estate, could claim for an order of specific performance for PB\u2019s nephew to honour his agreement. 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.<\/p>\n The court granted the widow an order of specific performance for the payment owed by PB\u2019s nephew as an administrator to her husband\u2019s estate. The court held that the damages would also not be limited due to the loss that had been caused to PB\u2019s estate. However, the court found that PB\u2019s widow could not claim under her personal capacity as she was a third party to the contract and was not a party to the original agreement.<\/p>\n","protected":false},"excerpt":{"rendered":" The court granted the widow an order of specific performance for the payment owed by PB\u2019s nephew as an administrator to her husband\u2019s estate. The court held that the damages would also not be limited due to the loss that had been caused to PB\u2019s estate.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[85],"class_list":["post-5131","post","type-post","status-publish","format-standard","hentry","category-cases","tag-uk-law"],"yoast_head":"\nFacts<\/h3>\n
Issue<\/h3>\n
Held<\/h3>\n