Dunlop v Selfridge
Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd
[1915] AC 847
Case details
Court
House of Lords (UK)
Judges
Viscount Haldane
Lord Dunedin
Lord Atkinson
Lord Parker
Lord Sumner
Lord Parmoor
Issues
Privity
Link
BaiLII ➤
Overview
The plaintiff (Dunlop) sought to establish and enforce a resale price maintenance (RPM) scheme. The plaintiff sold tyres to Dew & Co (a tyre dealer) which then sold to Selfridge on condition that Selfridge would not sell below the list price. Selfridge failed to comply with the condition; the plaintiff sued for breach of contract.
Court held Dunlop was not entitled to enforce the contract against Selfridge because it was not a party to the contract.
Facts
The plaintiff (Dunlop) sought to establish and enforce a resale price maintenance (RPM) scheme. The plaintiff sold tyres to Dew & Co (a tyre dealer) which then sold to Selfridge on condition that Selfridge would not sell below the list price. Selfridge failed to comply with the condition; the plaintiff sued for breach of contract.
Held
Although the promise made by Selfridge to Dew (not to sell below list price) had been made for the benefit of Dunlop under its RPM scheme, Dunlop was not entitled to enforce the contract against Selfridge because it was not a party to the contract.