Torts I, Pages 426–428
Winterbottom v. Wright
Exchequer of Pleas, 1842
Facts:
Defendant, a mail coach manufacturer and repairer, contracted with the Postmaster General to keep the coaches in a safe and secure condition. Plaintiff was a mail coach driver injured with a coach broke down due to lack of repair.
Issue:
Did defendant owe a duty to plaintiff to upkeep the coach?
Rule:
A tort action based on an injury resulting from violation of a contract cannot be upheld if plaintiff was not a party to the contract.
Reasoning:
If a contract was not needed, too many people could potentially sue people like defendant. Defendant therefore owed no duty to plaintiff.
Holding:
Defendant owed plaintiff no duty to upkeep the coach. Judgment for the defendant.