Tomlinson v Gill
| Tomlinson v Gill | |
|---|---|
| Citation(s) | (1756) Ambler 330 |
| Case opinions | |
| Lord Hardwicke | |
| Keywords | |
| Privity | |
Tomlinson v Gill (1756) Ambler 330 is an English contract law case concerning privity of contract. It stands as an example of the flexible approach to privity under the earlier common law.
Facts
Judgment
Lord Hardwicke decided that a third person is entitled to sue if there can be spelt out of the contract an intention by one of the parties to contract as trustee for him, even though nothing was said about any trust in the contract, and there was no trust fund to be administered.
See also
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Privity of contract cases
Dutton v Poole (1678)
Tomlinson v Gill (1756) Ambler 330
Tweddle v Atkinson [1861] EWHC J57 (QB)
Dunlop Pneumatic Tyre v Selfridge & Co Ltd [1915] AC 847
De Cicco v Schweizer, 117 N.E. 807 (1917)
Smith and Snipes Hall Farm Ltd [1949] 2 KB 500
Scruttons Ltd v Midland Silicones Ltd [1961] UKHL 4
Beswick v Beswick [1967] UKHL 2
Dutton v Bognor Regis UDC [1972] 1 QB 373
Jackson v Horizon Holidays Ltd [1974] EWCA Civ 12
The Eurymedon [1974] [1]
Woodar Investment Development Ltd v Wimpey Construction UK Ltd [1980] UKHL 11
Linden Gardens Trust v Lenesta Sludge [1993] UKHL 4
Contracts (Rights of Third Parties) Act 1999
Nisshin Shipping Co Ltd v Cleaves & Co Ltd [2003] EWHC 2602 (Comm)
- English contract law
References
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