''Sprat v Agar'' is an early and landmark

precedent Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...

and decision in

third-party Third party may refer to: Business * Third-party source, a supplier company not owned by the buyer or seller * Third-party beneficiary, a person who could sue on a contract, despite not being an active party * Third-party insurance, such as a veh ...

contract law A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more Party (law), parties. A contract typically involves consent to transfer of goods, Service (economics), services, money, or pr ...

, that is defeating

privity of contract The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon anyone who is not a party to that contract. It is related to, but distinct from, the doctrine of considera ...

. It was one of a number of early cases in the development of how the

writ In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are commo ...

assumpsit Assumpsit ("he has undertaken", from Latin, ''assumere''), or more fully, action in assumpsit, was a form of action at common law used to enforce what are now called obligations arising in tort and contract; and in some common law jurisdictions, u ...

came to allow third parties with no direct involvement to a contract could achieve

standing Standing, also referred to as orthostasis, is a position in which the body is held in an upright (orthostatic) position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the ...

to enforce benefits from a contract.

Facts

John Agar had promised certain lands to Henry Sprat, as consideration for the

dowry A dowry is a payment such as land, property, money, livestock, or a commercial asset that is paid by the bride's (woman's) family to the groom (man) or his family at the time of marriage. Dowry contrasts with the related concepts of bride price ...

of the daughter of a third man Sir

Thomas Lockier Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (disambiguation) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Ap ...

. The land was, however, only payable on the owner's death and the promise was made to Lockier, not Sprat, the intended recipient. It is not known why Agar would have made such an undertaking, but it is possible that Sprat was a rival suitor for the hand of Miss Lockier. Sir Thomas pre-deceased Agar and when he died, Agar left the lands to his wife. The plaintiff Sprat appealed the will and was awarded £1300. Recently it has been argued that in this case the third party was enjoined (directly involved) by his positive actions towards the daughter, creating a type of consideration which gave him legal standing (''

locus standi Locus (plural loci) is Latin for "place". It may refer to: Mathematics and science * Locus (mathematics), the set of points satisfying a particular condition, often forming a curve * Root locus analysis, a diagram visualizing the position of ...

'').Robert Merkin,

Privity of Contract The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon anyone who is not a party to that contract. It is related to, but distinct from, the doctrine of considera ...

: The Impact of the Contracts (Right of Third Partie
page 11

References

English contract case law Standing (law) {{England-law-stub