Thomas v Thomas; 5 Feb 1842

References: [1842] EngR 260, (1842) 2 QB 851, (1842) 114 ER 330
Links: Commonlii
Coram: Patteson J, Lord Denman CJ
A promisee can only enforce a promise if in return for it he gave something of value in the eyes of the law. Consideration need not be ‘valuable’ for it to be valid or effective to form the basis for a contract. It merely needs to be ‘legally sufficient’; and this criterion may be met even by purely nominal consideration.
Lord Denman CJ said: ‘There is nothing in this case but a great deal of ingenuity, and a little wilful blindness to the actual terms of the instrument itself. This is in terms on express agreement, and shews a sufficient legal consideration quite independent of the moral feeling which disposed the (defendant) to enter into such a contract.’
Last Update: 11-Jan-16 Ref: 307215