Thomas v Thomas [1842]

Facts

  • A husband wished for his wife to inherit his house
  • The executors of the husband’s will agreed that thw wife could have possession of the house in return for the wife paying £1 per year ground rent
  • The executors refused to go through with the agreement

Issue

  • Does consideration (£1) have to be sufficient

Decision

  • No, claim allowed

Reasoning

  • Consideration must be present, but it need not be sufficient. It for parties to ensure that they get themselves a good bargain.
RELATED CASE  Pascoe v Turner [1979]

Posted in Contract Law Revision Notes.

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