Home | Cases | Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd

 

Key information

Court
House of Lords (UK)

Issues
Privity

AustraliaDunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd

[1915] AC 847

 

Facts

The plaintiff (Dunlop) sought to establish and enforce a resale price maintenance (RPM) scheme. The plaintiff sold tyres to Dew & Co (a tyre dealer) which then sold to Selfridge on condition that Selfridge would not sell below the list price. Selfridge failed to comply with the condition; the plaintiff sued for breach of contract.

Held

Although the promise made by Selfridge to Dew (not to sell below list price) had been made for the benefit of Dunlop under its RPM scheme, Dunlop was not entitled to enforce the contract against Selfridge because it was not a party to the contract.

 

 

 

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