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  • Past Consideration

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    Hassam
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    The son and his wife lived in the mother's house along with the mother's 3 other children. According to an agreement, upon the mother's death, the house would be inherited by the son and 3 other children. The son's wife paid for substantial repairs and improvements to the property. After the mother died, the children refused to keep the promise to reimburse the daughter-in-law from the mother's estate. The courts held that the agreement was not enforceable as the work had been completed before any agreement to pay was made, so it was past consideration and not valid.

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    Past consideration

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    The son and his wife lived in the mother's house along with the mother's 3 other children. According to an agreement, upon the mother's death, the house would be inherited by the son and 3 other children. The son's wife paid for substantial repairs and improvements to the property. After the mother died, the children refused to keep the promise to reimburse the daughter-in-law from the mother's estate. The courts held that the agreement was not enforceable as the work had been completed before any agreement to pay was made, so it was past consideration and not valid.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    13 views1 page

    Past Consideration

    Uploaded by

    Hassam
    The son and his wife lived in the mother's house along with the mother's 3 other children. According to an agreement, upon the mother's death, the house would be inherited by the son and 3 other children. The son's wife paid for substantial repairs and improvements to the property. After the mother died, the children refused to keep the promise to reimburse the daughter-in-law from the mother's estate. The courts held that the agreement was not enforceable as the work had been completed before any agreement to pay was made, so it was past consideration and not valid.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    The mother

    In this case a
    then made
    son and his
    her 4 children
    wife lived in
    sign an The courts
    his mother's
    agreement to held that this The promise
    house that on
    reimburse the agreement to pay wasn't
    her death
    Consideration daughter-in- wasn't supported by
    would be
    law out of her enforceable any
    cannot come inherited by
    estate. When as the work consideration
    Case example her son and 3
    before the other children.
    she dies and had been and the work
    - Re McArdle the children completed was therefore
    agreement is The son's
    (1951) wife paid for
    refused to before any 'past'
    formed. keep this agreement to consideration
    substantial
    Consideration repairs and
    promise, the pay had been and not valid.
    daughter-in- made.
    must be given improvements
    law sued
    in return for
    the promise or to the unsuccessfull
    Past property. y.
    act of the
    other party. If consideration
    1 party has
    completed This is where
    performance the promisor
    This is a
    before the requests that
    common-
    other offered the promisee
    sense rule as
    consideration, performs a
    it prevents
    this is called service
    people from
    past without any
    being forced
    consideration mention of
    into contracts
    and cannot be payment, the
    on the basis of
    enforced. promisee duly
    them being
    performs that
    sent goods or
    service, and
    services which
    the promisor
    they haven't
    promises to
    ordered. It is a
    pay the
    promise which
    promisee a
    has not been
    stated sum for
    agreed by
    performing it.
    both parties.

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