{"id":5532,"date":"2018-03-07T09:26:55","date_gmt":"2018-03-07T09:26:55","guid":{"rendered":""},"modified":"2019-06-14T15:58:01","modified_gmt":"2019-06-14T15:58:01","slug":"carnegie-v-waugh","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/cases\/carnegie-v-waugh.php","title":{"rendered":"Carnegie v Waugh"},"content":{"rendered":"

Carnegie v Waugh (1823) 1 LJ KB 89<\/strong><\/p>\n

Contract law \u2013 Landlord and tenant \u2013 Privity of contract<\/em><\/p>\n

Facts<\/h3>\n

The Scottish court had appointed two people, A and B, as the carers of C who was an infant. The guardians subsequently carried out an agreement on behalf of C, with another for the lease of a salmon fishery in Scotland. It was agreed between the parties that the annual rent would be paid to C. There was a dispute related to the agreement between the parties and an action was brought to the court which questioned the nature of the agreement.<\/p>\n

Issue<\/h3>\n

It was important for the court to consider whether C could sue on the lease arrangement that had been agreed by his guardians and by the lessee for the salmon fishery. It was an important consideration that C, as a child, was not a party to the original agreement and was not of full age at the time the action was brought and this created a difficult point of law for the court to consider. <\/p>\n

Decision\/Outcome<\/h3>\n

The court held that C could sue on the original agreement between the parties, despite the fact that he was not a party to that agreement. The court found that as C was attempting to rely upon an agreement that contained his own name, this was enough to be able to consider him as a party to the contract. Importantly, the court held that the fact that C was not of full age when the action was brought to the court, does still not restrict C from being a party to the agreement.<\/p>\n","protected":false},"excerpt":{"rendered":"

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