Beswick v Beswick

Facts

Peter Beswick sold his coal business to his nephew in return for a promise to pay a weekly sum to Peter's widow after his death. The nephew paid once and then stopped. The widow sued as administratrix and in her own right.

Issue

Could the widow enforce the promise, and was specific performance available?

Held

She could not sue in her own right, as she was not a party. But as administratrix she could obtain specific performance, because damages to the estate would have been nominal and inadequate.

Principle

Specific performance is available where damages would be inadequate, including where they would be only nominal.

Why it matters

It shows how equity fills a gap left by the common law remedy.

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