Boris Ignachkov Principles and Key Points
- In the case of White v Bluett 1853 23 lj ex 36 it was held that consideration to a contract must be sufficient but not adequate.
- A valid contract requires both parties to have entered into a bargain where each side has provided something of value that the courts can assess.
Facts of the Case
- A father promised his son money in return for his son to cease complaining about his unequal treatment.
- The father upon requiring to pay the son, refused.
- The son sued for a breach of contract.
Issues in White v Bluett 1853 23 lj ex 36
- Could the son’s promise to stop complaining about his father’s plan satisfy the requirement for valuable consideration of a contract.
Held by Court of Exchequer Chamber
- Held to be no binding contract as there was no valid consideration.
Pollock CB
- The son had no right to complain, for the father might make what distribution of his property he liked and the son’s abstaining from doing what he had no right to do can be no consideration.
Editor’s notes
This case could be better explained to have been void for the lack of intention to create legal relations.
