However, this is subject to the proviso that there will be no such right of enforceability if, on a proper construction of the contract, it was not the intention of A and B to confer such a right. It would appear that cases such as Beswick v Beswick would fall within this provision. In that case, there was no express provision in the contract between the uncle and his nephew that the uncle’s spouse had a right to enforce the contract. Nevertheless, it was clear on the facts of the case that the contract did purport to confer a right to an annuity on Mrs Beswick. Likewise, in the holiday cases, such as Jackson v Horizon Holidays Ltd, it is likely that provided the person ordering the

doi:10.4324/9781843141518-315

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However, this is subject to the proviso that there will be no such right of enforceability if, on a proper construction of the contract, it was not the intention of A and B to confer such a right. It would appear that cases such as Beswick v Beswick would fall within this provision. In that case, there was no express provision in the contract between the uncle and his nephew that the uncle’s spouse had a right to enforce the contract. Nevertheless, it was clear on the facts of the case that the contract did purport to confer a right to an annuity on Mrs Beswick. Likewise, in the holiday cases, such as Jackson v Horizon Holidays Ltd, it is likely that provided the person ordering the

ABSTRACT

However, this is subject to the proviso that there will be no such right of enforceability if, on a proper construction of the contract, it was not the intention of A and B to confer such a right. It would appear that cases such as Beswick v Beswick79 would fall within this provision. In that case, there was no express provision in the contract between the uncle and his nephew that the uncle’s spouse had a right to enforce the contract. Nevertheless, it was clear on the facts of the case that the contract did purport to confer a right to an annuity on Mrs Beswick. Likewise, in the holiday cases, such as Jackson v Horizon Holidays Ltd,80 it is likely that provided the person ordering the holiday names the other members of the party when making the booking that those third parties will be considered to have a right of enforcement. In contrast, if a person were to rent a holiday cottage from an owner who advertises the availability of the property in a national newspaper, without specifying the names of the members of his family who are to accompany him, there would appear to be little basis on which a joint intention to benefit those others could be inferred.