Consideration Cases

Question 1

Thomas v Thomas

Answer 1

facts: Mr. Thomas verbally wished for his wife to have their house for life, but it wasn’t in his will. After he passed away, his executors agreed she could stay, setting a symbolic rent. However, they later tried to evict her.
principle: a valid contract must be supported by consideration.

Question 2

Ward v Byham

Answer 2

facts: an unmarried couple separated, and the father agreed to pay the mother £1 per week for their daughter’s well-being. Payments stopped when the mother remarried, leading to a legal dispute over the agreement.
principle: an agreement to go beyond one’s legal duties is good consideration.

Question 3

Re McArdle

Answer 3

facts: Marjorie McArdle improved a bungalow on her husband’s father’s estate. In gratitude, the siblings agreed the executors would pay her £480 from the sale proceeds, but the payment was never made.
principle: Past consideration is not good consideration.

Question 4

Tweddle v Atkinson

Answer 4

facts: Before a wedding, the fathers agreed to give money to the couple. The bride’s father passed away without paying, so the groom sued the executor of the bride’s father’s will.
principle: a promisee cannot bring an action unless the consideration of the promisee moved to him.