Term
Thomas v. Thomas (1842) QB
Widow in house |
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Definition
Ratio: Consideration must have economic value. It moves from the promisee to the promisor, and can be a benefit to the promisor, or a detriment to the promisee.
Motive is not the same thing as consideration, and sentimental consideration and natural affection, are not in and of themselves consideration |
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Term
Harrison v. Cage and His Wife (1698)
Promise to Marry |
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Definition
| Ratio: Mutual promises can support each other and provide good consideration. |
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Term
White v. Bluett (1853) Ex.
Father and son note |
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Definition
| Ratio: Refraining from doing something that one had no legal right to do in the first place does not constitute consideration under the law of contract. |
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Term
DeWolfe v. Richard (1908) NSSC
Wagon bailment |
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Definition
| The court does not look into the adequacy of consideration. Where one party promises to assume an obligation in response to another’s request, that promise will be of good consideration even if it is of little legal value. |
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Term
Loranger v. Haines (1921) ON SC
Live close and improve |
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Definition
Ratio: 1) Reason or motive for making a contract is immaterial. Motive is not the same thing as consideration.
2) With equal bargaining power, court will attempt to find bargain. |
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Term
City and Westminster Properties (1934) Ltd. v. Mudd (1959) UK HC
Man sleeping in house |
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Definition
| Ratio: The formation of one contract (even verbal) may be regarded as consideration for another contract. |
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Term
Shanklin Pier Ltd. v. Detel Products Ltd. (King’s Bench)
Paint piers |
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Definition
Ratio: A warranty can be enforceable between the parties other then the main parties to the contract where the contract between those secondary parties is dependent on warranty.
Or: Promise to enter into one contract is sufficient consideration to uphold collateral contract |
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Term
AG (BC) v. Deeks Sand & Gravel Co. Ltd (1956) SCC
Quarry royalities |
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Definition
. Province entertained reasonable belief in its claims and its chance of success.
Principle does not apply if :
- Forbearing party knows claim is invalid.
- Doubtful or unserious claim
- Extortions (White v. Bluetee)
Ratio: If both parties think or believe that the promisee’s consideration is of some value at the time the contract was made it is immaterial if subsequent events show that the belief was incorrect. |
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