Terms of enforcement
13 September 2012
Until now, third parties have not been able to enforce terms of contracts, but that will change when new legislation takes effect later this year. Peter Marsh and Frank Griffiths explain how
Generations of law students have been brought up on the case of Tweddle v Atkinson (1861), which confirmed “that only a party to a contract who had provided consideration could sue on the contract”. That there was no right for a third party to enforce a contract, even one made for their benefit, was held to be a fundamental principle of English law.
The...