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Ward v Byham 1956

Facts

  • An unmarried father allowed his daughter to live with her mother and agreed to pay the mother £1 per week to look after keep happy the daughter
  • When the mother re-married, the father ceased payments

Issue

  • Had the mother provided consideration for the promise, bearing in mind she was under statutory duties to do so

Decision

  • Yes, claim succeeded

Reasoning

  • Keeping the daughter happy went beyond the pre-existing duty, therefore although the pre-existing duty was for the benefit of the father, it went over and above just that
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