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Shadwell v Shadwell [1860]

Facts

  • Following their wedding, an uncle promised to pay the then nephew and niece 150l per year to help them get started
  • The uncle then died, in partial completion of the promise
  • The couple claimed the remainder of the payments can u buy xanax over the counter in canada from the uncles estate

Issue

  • Was the uncle’s promise supported by consideration

Decision

  • Yes, claim allowed

Reasoning

  • Performing a pre-existing duty can constitute consideration as long as it is for a third party, and not for the promisor
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