Tweddle v Atkinson
The case of Tweddle v Atkinson came about when a daughter and son of the two people involved in the case were to get married. In the run up to the wedding the Father of the bride and the groom’s father made an agreement to each pay a sum of money to the bride and groom. All was well until the bride’s father died before he paid any money to the couple. The groom’s father decided to sue but again history repeated itself and he also dies before he could sue on the agreement. This meant that the brides fathers promised money was still outstanding and the groom decided to claim against the executor of the bride’s fathers will to recover the bride’s father’s money.
Tweddle v Atkinson Case Issues
One of the main issues in this case was whether the son could or could not as a third party in the agreement enforce the agreement made by the two father’s before their deaths. This agreement would have benefited the bride and groom. The court argued that the intention of the two dad’s agreement was to benefit from the payment. Moreover, it was discussed by the court that preventing the son from being able to enforce the agreed contract would effectively dismiss the intention of the two dads.
Tweddle v Atkinson Case Outcome – Held
The case outcome was that the claim on the money by the groom was rejected by the court. As he was not part of the original agreement which was made by the two fathers, the groom did not provide any consideration for the father of the bride promise to pay the money. He essentially was a third party, although he was to benefit from the money, he could not enforce the arrangement as he was not part of the agreement, The executor of the will on this basis won the case and no money was paid.