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Tweddle v Atkinson (1861)
Created by 121.1.18.237 on 3 November 2009, at 15:24
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This case (Tweddle v Atkinson [1861] 1 BS 393) demonstrates some of the issues assocated with privity (see: Privity Of Contract) and consideration (see: Consideration) in contracts.

Tweddle's father (whom I'll call Tweddle senior), and Atkinson -- Tweddle's father in law -- contracted to contribute a sum of money each to the support of Tweddle and his wife. Tweddle senior kept up his part of the bargain, but Atkinson died before paying anything. Tweddle sued the executors of Atkinson's estate. His suit was rejected because he himself was not party to the contract, even though it was for his benefit (see: Privity Of Contract). It is not possible to claim that there is an implicit contract between Tweddle (junior) and Atkinson, because there is no consideration from Tweddle to Atkinson.

It seems likely that Tweddle senior could have enforced the contract at law (though he did not), because the basic requirements of a contract were fulfilled. The consideration in this case would be that Tweddle senior accepted a detriment at the request of Atkinson, rather than the Tweddle senior gave some benefit to Atkinson.
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