Robertson v Wait (1853) 8 Ex. 299
Contract law – Shipping – Privity of contract
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.
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.
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.
Cite This Work
To export a reference to this article please select a referencing stye below:
Related ServicesView all
Related ContentJurisdictions / 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.
Parliamentary Privileges are the Rules
Parliamentary privileges are the rules protecting individual MP’s & institutions of parliament themselves from outside interference from civil and criminal courts during parliamentary proceedings....
Breach of Confidence
Outline of proposed paper. This paper answers the question by addressing breach of confidence and misuse of information by dividing the paper into...