W covenanted that for so long as the weekly payments of maintenance for herself and the child were punctually made, she would not commence or prosecute any matrimonial proceedings against the husband. The husband fell in arrears and she claimed the arrears.
Held: There was ample consideration to support the agreement apart from the covenant not to sue so as to enable the wife to enforce it against the husband.
Somervell LJ
[1954] 2 QB 118
England and Wales
Cited by:
Cited – Soulsbury v Soulsbury CA 10-Oct-2007
The claimant was the first wife of the deceased. She said that the deceased had promised her a substantial cash sum in his will in return for not pursuing him for arrears of maintenance. The will made no such provision, and she sought payment from . .
Cited – Alec Lobb (Garages) Ltd v Total Oil Ltd CA 1985
The court was asked whether the terms of a lease and lease back amounted to an unconscionable bargain and was unenforceable.
Held: The court affirmed the decision at first instance, but emphasised the need for unconscientious behaviour rather . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 18 December 2021; Ref: scu.259830