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Sunday, June 10, 2012

Thomas v Thomas [1842]

Consideration only need to be sufficient, it does not need to be adequate (enough)


The story of John Thomas

On the day of John Thomas's death, he told the witnesses that he wanted his wife to have one of his house for life, although it is not written in his will.


After his death, his executors gave one of the houses to his wife, if and only if she paid a rent of 1 pound per year and kept the house in good condition.


The wife paid the rent and kept the house in good condition.
Later, the executor tried to dispossess the house, but they failed.





Held : Contract was enforceable, not because it was the death wish of the husband BUT, merely because of the fact that the wife had paid rent.




Paying the rent shows consideration, therefore the contract was binding and the executors failed.

6 comments:

  1. Thank you this was exactly what I needed to finish off my exam.

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  2. most understandable and exact summary i came across of this case. thanks

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  3. Thanks! It helps me to understand this case better! <3

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  4. thx this help me finished my assignment

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  5. Most understandable description of this case online. Straight and to the point with no jargon. Thanks very much!

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  6. This was very helpful thank you!

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