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Dunlop v Selfridge [1915]

Facts

  • Dunlop sold tyres to a distributor, under the agreement that they would not be sold to consumers at a price below their list price
  • A retailer, who purchased from the distributor, sold the tyres at a price below the list price

Issue

  • Could Dunlop enforce the selling at or above the list price with the retailer

Decision

  • No enforcement

Reasoning

  • Dunlop was a third party to the contract between the retailer and the distributor, therefore there could be no enforcement
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