Home | Cases | Tweddle v Atkinson

 

Key information

Court
Queens Bench Division (England)

Judges
Wightman J
Crompton J
Blackburn J

Issues
Privity
Lack of consideration

Full case
BAILII

AustraliaTweddle v Atkinson

(1861) 1 B & S 393; 121 ER 762; [1861-1873] All ER Rep 369


Facts

John Tweddle (the Plaintiff's father) agreed with William Guy (the Plaintiff's father in law) for the latter to pay money to the Plaintiff upon marriage. Guy died before making payment and the Plaintiff (William Tweddle) sued the estate (Atkinson was the executor) for the promised sum.

 

Held

No consideration moved from the plaintiff to Guy and therefore the plaintiff had no right to sue on the contract. Natural love and affection is not good consideration (Crompton J)

 

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