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Shadwell v Shadwell

[1860] 9 CB (NS) 748, 142 ER 62

Case summary last updated at 02/01/2020 12:14 by the Oxbridge Notes in-house law team.

Judgement for the case Shadwell v Shadwell

 D found out about P (his nephew) contracting to marry X and promised to pay him some money each year. When D died and the money owed, P sued his executors to get the money. The question arose as to whether there was consideration in return for the promise of money, and the CA said that the marriage proposed was consideration and not merely a condition for getting the money. The court said that since the uncle wanted the marriage to go ahead, the marriage must have conferred a benefit on him and therefore P had provided consideration. They also said that the uncle was bound because he had induced the marriage, which implied a legal request in return for payment. 
 
Byles J (dissenting): There is no consideration and this was a letter of kindness, not legal relations. 

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