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Sir, one of the exceptions of privity of contract is that ,can an executor enforce contracts made by the deceased OR can a successor enforce contracts made by the deceased?
This is not a question that you have dreamed up for yourself
This sounds like a question arising from something written in a Kaplan text
So what does Kaplan say about enforceability by executors and successors
According to the decision in the case Beswick v Beswick it was allowed for an executor to sue to enforce a contract term in a contract entered into by the deceased and, at the time, it was otherwise mot possible for a beneficiary to sue in that same situation
Since the introduction of the Contracts (Rights of Thrid Parties)Act of 1999, Mrs Beswick would now be able to sue on her own behalf as successor rather than as executor
Now tell me, what does Kaplan say?
So sir you mean to say that in Beswick v Beswick (1967), it was held that she could sue in her capacity as Executor rather than as Successor?
However after the introduction of the Contracts (Rights of Thrid Parties)Act of 1999, She could now ALSO sue in her capacity as successor ?
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