Our offices are open as usual over the Easter break

White v Bluett – 1853

293 words (1 pages) Case Summary in Cases

07/03/18 Cases Reference this

Disclaimer: This work was produced by one of our professional writers as a learning aid to help you with your studies.

Any opinions, findings, conclusions or recommendations expressed in this material are those of the author and do not necessarily reflect the views of UK Essays.

If you would like to view samples of the work produced by our academic writers please click here.

White v Bluett (1853) LJ Ex 36

Contract law – Consideration

Facts

Bluett Sr. lent his son, the respondent in this case, a sum of money and died before his son had repaid this to him. Bluett Sr. and Jr. had agreed on this and completed a promissory note to this effect.  Bluett’s will was executed by White. In the course of executing the will, White sued Bluett’s son for the outstanding payment. The son argued, as a defence, that Bluett Sr. had stated that repayment was not necessary to render the promissory note ineffective if the son stopped complaining about the manner in which Bluett Sr. spread his estate among the other members of the family.

Issue

The court was required to define whether the son’s promise to stop complaining about his father’s plans would satisfy the requirement of consideration in constructing a contract. If this could be proven, then it would be likely that Bluett’s son would be released from the requirement to repay the debt owed to his father’s estate.

Held

The court held that there was no consideration given by the son which would absolve him of having to repay the debt to his father’s estate. The court also believed that the son had no right to complain as the father was free to distribute his property as he wished. As a result, ceasing from complaining was not consideration and was ultimately an intangible promise. Pollock, CB was clear in his summing up of the decision: ‘…the argument…is pressed to an absurdity, as a bubble is blown until it bursts’. 

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

DMCA / Removal Request

If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please.

https://gazon.net.ua

Current Offers