A story about a father who abandoned the child.
1. A dad promised to pay the mother of his illegitimate child £1 per week if she ensured the child was happy and looked after properly.
2. The mother looked after the child and kept the child happy.
3. Later then, the mother remarried and the father who abandoned the child refused to pay her under the argument that it was her legal duty to look after the child.
Held : The contract was binding.
It was the mother's duty to look after the child, but it wasn't her duty to keep the child happy.
Wise words by Lord Denning :
" I have always thought that a promise to perform an existing duty, or the performance of it, should be regarded as good consideration, because it is a benefit to the person whom it is given. "
2. The mother looked after the child and kept the child happy.
3. Later then, the mother remarried and the father who abandoned the child refused to pay her under the argument that it was her legal duty to look after the child.
Held : The contract was binding.
It was the mother's duty to look after the child, but it wasn't her duty to keep the child happy.
Consideration was found in this case when the mother kept the child happy.
Wise words by Lord Denning :
" I have always thought that a promise to perform an existing duty, or the performance of it, should be regarded as good consideration, because it is a benefit to the person whom it is given. "
but when a mother look after his child he or she must be happy that means the mother didn't pay consideration so how could the contract was binding ??? it's her legal duty . anyway as the child was illegitimate so the father hadn't any kind of obligation , then the mother had to look after her child and make her child happy !!! am i right ?? Basically i haven't good idea about Consideration
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