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Hamer v Sidway [1891] 124 NY 538

By Oxbridge Law TeamUpdated 04/01/2024 06:59

Judgement for the case Hamer v Sidway

Table Of Contents

  • (NB American case, but CW says regarded as good law by English courts)

  • Plaintiff paid his nephew to refrain from smoking, gambling and drinking and the court held the contract to be valid since the consideration was the foregoing of a legal right to engage in those activities.

  • CW: this could equally be said of Bluett where the son was giving up his right to freely speak on the matter of his inheritance (despite Pollock’s incorrect assertion above).

  • Therefore the two cases conflict. 

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Contract Law Notes
1,511 total pages
748 purchased

Contract law notes fully updated for recent exams at Oxford and Cambrid...