Facts
- The claimant’s husband gave their nephew his business on the agreement that following his death, the nephew would pay his aunt (the claimant) £5 per week
- Following the husband’s death, the nephew did not pay the £5 per week
Issue
- Could the claimant enforce the contract
Decision
Reasoning
- A third party may not enforce the benefit conferred upon them by a contract to which they are not party
- The claim made by the late-husband’s estate against the nephew did succeed however, so the aunt was paid