Tolhurst had contracted to sell a quantity of chalk from his quarries to the Imperial Company for fifty years. The Imperial Company afterwards assigned the Contract and sold its land, works and business to the Associated Company, and went into voluntary liquidation and was wound up. The Associated Company nevertheless sought to enforce the contract.
Held: The company succeeded. It is possible, with the agreement of the promisee, to transfer the obligations under a contract to a third party.
Citations:
[1903] AC 414
Jurisdiction:
England and Wales
Citing:
Appeal from – Tolhurst v Associated Portland Cement Manufacturers Ltd 1902
. .
Cited by:
Cited – Telewest Communications Plc Telewest (Publications) Limited v Commissioners of Customs and Excise CA 10-Feb-2005
The taxpayers sold cable services which were liable to VAT through 28 subsidiaries, and supplied by a third party as part of the same service a listings magazine. They sought exemption from VAT for that part of the consideration related to the . .
Cited – Rossetti Marketing Ltd v Diamond Sofa Company Ltd and Another QBD 3-Oct-2011
The claimants sought compensation under the 1993 Rules. The defendants denied that the claimants were agents within the rules, since they also acted as agents for other furniture makers.
Held: Whether a party is a commercial agent within the . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 12 September 2022; Ref: scu.223208