Beswick v Beswick [1968] AC 58

Key point
  • s56 LPA 1925 allows unnamed covenantees to enforce a covenant, but not non-convenantees
Facts
  • Peter Beswick contracted with his nephew to transfer his coal business in consideration of the nephew employing him as a consultant for of his life and paying his widow for the rest of her life after his death
  • He died but the nephew failed to pay the money
  • The widow sued both personally and in her capacity as Peter’s administratrix
Held (House of Lords)
  • The widow succeeded only in the latter in her capacity as Peter’s administratrix
Lord Upjohn (obiter)
  • The effect of s56 LPA 1925 is merely that a party need not be named to enforce a covenant if the covenantor purports to covenant to that party
  • However, only a covenantee can enforce a deed, the privity rule is not overridden
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