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Tweddle v Atkinson

[1861] 1 B&S 393

Case summary last updated at 03/01/2020 16:22 by the Oxbridge Notes in-house law team.

Judgement for the case Tweddle v Atkinson

P was engaged and D (wife’s father) and X (P’s father) contracted to pay P some money each upon marriage. P sued D for non-payment, but the court held that even though the contract explicitly stated that he should have the power to sue either of the parties to the contract, as a TP he could not enforce this right. 
 
Blackburn J: in general no action can be maintained upon a promise unless consideration moves from the party to whom it was made. In this case P gave no consideration so the promise was unenforceable.

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