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Thomas v Thomas
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Thomas v Thomas | |
Court | Queen’s Bench |
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Citation | 114 Eng.Rep. 330 |
Date decided | February 5, 1842 |
Facts
- Thomas = owner of 7 row-houses = resident of the 1 of the 7 row-houses
- (the other) Thomas = brother of the proprietor Thomas = beneficiary of 1 of the 7 houses of Thomas
- Wife of the Thomas, the proprietor of the 7 houses = beneficiary of some money in the will
- executors of the Thomas estate = (also other) Thomas
- The proprietor Thomas passed away
- The wife Thomas agreed with the executors to remain in 1 of the 7 Thomas houses in exchange for paying £1 / year & maintaining the property
- The wife Thomas remained in the home for several years
- After 1 executor died, the other executor sought to evict the wife
Procedural History
- The wife Thomas brought a lawsuit against the surviving executor Thomas to remain in her house.
- The wife Thomas won in the British trial court.
Issues
Do the parties' motives in entering into a contract factor into the adequacy of consideration?
Arguments
- The executor Thomas argued that the contract lacked consideration because the parties were simply trying to respect the wish of the decedent Thomas.
Holding
No. The parties' motives in entering into a contract don't factor into the adequacy of consideration.
Judgment
Affirmed
Reasons
Justice Pattison: The executor must not confuse consideration with motive.