Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Robertson v Wait – 1853

259 words (2 pages) Case Summary

07 Mar 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Robertson v Wait (1853) 8 Ex. 299

Contract law – Shipping – Privity of contract

Facts

Robertson chartered for a ship, owned by the defendants, to cargo goods from Liverpool to Calcutta. There was a clause in the agreement between the parties which consigned the ship to E & Co. for the homeward freight, on the basis that they would pay commission for this. The defendants consigned the ship to E & Co. for the trip but agreed with another party that they could have the ship for the homeward trip. The plaintiffs brought a claim against the defendants for breaching their contract but did not establish the terms of the commission structure within the sub-agreement.

Issue

The overriding question for the court was whether the plaintiffs, in this instance, could claim for the breach of the contractual terms between the defendant and E & Co., despite the fact that the plaintiffs were not a party to the agreement. Further to this, the court had to consider the grounds of the plaintiff’s appeal on the basis that they could not explain or define the commission structure which was a feature of their agreement with E & Co.

Held

The court held that the term in the contract was for the benefit for E & Co. and on this basis, as the plaintiffs had the agreement with E & Co., they were able to act as trustees to recover the benefit of the agreement. The court’s decision was unaffected by the fact that the commission structure, which had supposedly been agreed by the parties, could not be clearly defined.

LawTeacher

LawTeacher

LawTeacher.net is the UK's leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey's Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: "UK Law"

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report