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1) Sir, the display of goods for sale kit question which I asked you on 29th Nov, in that we shall consider that “there is a contract with Cat and the fact that Alvin has sold the car to Del means that Alvin will now probably have to find a similar car to sell to Cat for the agreed price”. Right?
2) Sir, beeswick v beeswick case occurred in 1967, at that time executor can enforce the contract made by deceased. Contract rights of 3rd party act came in existence in 1999, whereby, 3rd party such as successor can enforce the contract if the contract was for his benefit and he was expressly identified in it. Sir , if beeswick v beeswick case would have occurred after 1999, then beeswick can enforce the contract in both capacity na i.e as executor and as a successor? because executor is already an exception of privity of contract, and after 1999 successor has also became an exception of privity of contract.
My point is that you wouldn’t take action as BOTH executrix AND successor
Pre 1999 the only course of action would be as executrix
Post 1999 Mrs Beswick would not even begin to consider suing as executrix because the law has caught up with common sense (and Lord Denning’s innovative thinking) and would now sue as a successor
But it would be as successor and NOT as executrix
OK?
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