면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Contract Law
Queen's Bench
1861

Tweddle v Atkinson

[1861] EWHC QB J57

판결 이유

A person who is not a party to a contract cannot sue upon it, even if the contract was made for their benefit. Only a party to a contract can enforce it (the doctrine of privity).

사실관계

William Tweddle married the daughter of John Atkinson. Before the wedding, Tweddle's father and Atkinson agreed that each would pay a sum of money to the couple. Atkinson died before paying. Tweddle sued Atkinson's executor to enforce the promise.

판결 요약

The court held that Tweddle could not enforce the agreement because he was not a party to the contract between his father and Atkinson, and had provided no consideration. The doctrine of privity prevented enforcement by a third-party beneficiary.

주요 인용문

"No stranger to the consideration can take advantage of a contract, although made for his benefit."

Wightman J

후속 처리

Modified by statute

The Contracts (Rights of Third Parties) Act 1999 allows third parties to enforce terms made for their benefit, significantly limiting (but not overruling) the privity doctrine.

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