TWEDDLE v.ATKINSON

(1861) JELR 80173 (QB)    
Queen's Bench  ·  [1861] EWHC QB J57 ·  7 Jun 1861 ·  United Kingdom
 · 
Other Citations
(1861) 121 ER 762; QB
CORAM
Wightman J Crompton J Blackburn
Core Terms Beta
contract
party
consideration
action
father
promise
son
action of assumpsit
affection
case
cases
natural love
old decisions
sect
exception
proposition
purpose
stranger
sufficient consideration
action of trespass
advantage of a contract
agent
benefit
blackburn j
consideration of a contract
consideration proceeds
crompton j
daughter of a physician
decision of the exchequer chamber
declaration
doctrine of the action of assumpsit
dutton
earlier part of the declaration
effect
judgment
law
leading judgment
marriage
modern case
modern cases
monstrous proposition
mr. mellish
nature of a tort
plaintiff
present case
reason of the principles
settlement
void
voluntary gifts
wightman j


Wightman J (reading the leading judgment)

Some of the old decisions appear to support the proposition that a stranger to the consideration of a contract may maintain an action upon it, if he stands in such a near relationship to the party from whom the consideration proceeds, that he may be considered a party to the consideration. The strongest of those cases is that cited in Bourne v. Mason (1 Ventr. 6), in which it was held that the daughter of a physician might maintain assumpsit upon a promise to her father to give her a sum of money if he performed a certain cure. But there is no modern case in which the proposition has been supported. On the contrary, it is now established that no stranger to the consideration can take advantage of a contract, although made for his benefit.

Crompton J: It is admitted that the plaintiff cannot succeed unless this case is an exception to the modern and well established doctrine of the action of assumpsit. At the time when the cases which have been …

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