Beswick v Beswick [1968] AC 58

Mr. Peter Beswick sold his coal business to his nephew on a promise: pay Mr. Beswick during his life and, after his death, pay £5 a week to Mrs. Beswick. After Mr. Beswick died, the nephew paid only once and then stopped. The court said Mrs. Beswick cannot sue personally because of privity. But as administratrix of her husband’s estate, she could ask for specific performance. The House of Lords ordered the nephew to perform the promise.

• 1. Can Mrs. Beswick sue in her personal capacity as an intended beneficiary?
• 2. Can she sue as administratrix of her husband’s estate for specific performance?

• Privity: A third party to a contract cannot sue for its breach, even if named as a beneficiary.
• Executors/Administrators: The personal representative of a deceased promisee may seek specific performance of the contract made with the deceased.

Held: The House of Lords dismissed the nephew’s appeal. Mrs. Beswick had no personal right to sue due to privity. But as administratrix, she could enforce the contract and obtain specific performance compelling the nephew to pay the promised sums.

Privity stops a non-party from suing on a contract. However, where a contract intends a benefit to a third person, the court may still achieve justice by allowing the executor or administrator of the promisee to seek specific performance. Equity ensures the promised benefit is delivered as agreed.

• Classic exam case on privity and specific performance.
• Shows how equity prevents unfair results to intended beneficiaries.
• Helps compare common law privity with modern statutory reforms on third-party rights.

1. No personal action for a third party under privity.
2. Personal representative can enforce the promise.
3. Specific performance is apt where damages are inadequate.

Mnemonic: “BES-fits via REP-resentative” — BESwicks’ benefit comes through the REP (administratrix), not personally.

1. Block the third party (privity).
2. Enable the estate (administrator stands in).
3. Secure the promise (specific performance).

Issue: Can the widow sue personally, or only as administratrix, and can she get specific performance?

Rule: Privity bars third-party suits; executor/administrator may seek specific performance of the deceased’s contract.

Application: Widow is a beneficiary but not a party; privity blocks her personal claim. As administratrix, she represents the promisee and equity orders performance.

Conclusion: No personal action; specific performance granted via administratrix.

Privity of Contract

Only parties to a contract can sue on it.

Specific Performance

Court order to carry out the exact promise.

Administratrix

Female administrator of a deceased person’s estate.