Re-affirmed general rule that plaintiff can only recover for his own
Contract made for removal of asbestos from building.
When building assigned to third party, original owners purported to
assign benefit of contract too.
But contract forbade assignment of benefit to third party.
Third party attempted to sue on contract.
House of Lords held assignment invalid and third party could not sue.
But, in one of
conjoined cases original owner had been joined as a co-plaintiff.
House of Lords held original owner could recover substantial damages even
though he no longer owned building.
Did this by analogy with existing shipping exception.
Building was likely to be purchased by third parties, and both parties
Hence damage to subsequent owner foreseeable.
Hence parties could properly be treated as having entered into contract on
basis first defendants could enforce contractual rights on behalf of third
party subsequent owners suffering damage.