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Beswick v Beswick [1968] AC 58

Country:
United Kingdom
  • A sold his business to B on the condition that B help maintain his widow,

  • C, once A had died. B reneged on the promise and C sued him.

  • HL held that 3rd party beneficiaries of a contract cannot sue on it, due to privity of contract. However C was able to sue for specific performance of the duty as the executrix of A’s will. 

  • HL said specific performance should be used if it would provide a “more perfect justice” 

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