The current pre-released source materials for OCR follow below, and we
will examine some of the issues that are raised by these materials which
could provide a useful basis of comment and analysis and help you to
answer the questions on the Special Study paper.
SOURCE 1
Consideration means some thing which is of some value in the eye of the
law, moving from the plaintiff: it may be of some benefit to the plaintiff or
some detriment to the defendant; but at all events it must be moving from
the plaintiff. Now that which is suggested as the consideration here, a pious
respect for the wishes of the testator, does not in any way move from the
plaintiff; it moves from the testator; therefore, legally speaking, it forms no
part of the consideration.
Adapted from the judgment of Patteson J inThomas v Thomas[1842] 2 QB 851.
268 Contract law
This is an extract from a judgment that highlights some principles of
consideration. Revise the case – the one where a widow paid a very small
amount of ground rent in order to stay in the family home after her husband
died. The judgment concentrates on the meaning of consideration, i.e. the
‘thing’ given in exchange for the promise of the other party. The following
points arise from this passage concerning two rules of consideration:- Consideration must be of ‘some value’. What exactly does this
mean? It is a vague expression – it could relate to money, goods,
something visible, etc. The phrase has, in fact, been explained and refined
by the facts of the case, and in the cases which follow – by the doctrine of
precedent, as various consideration cases have followed each other to
court. In this particular case it was said that the wishes of the late Mr
Thomas would not be ‘of value’, but that the money paid by his wife as
ground rent, however small the amount, would form sufficient (valid)
consideration.This clearly indicates that a monetary value, however small,
would be sufficient consideration (although it is obviously not adequate).
Hint – do remember to use the words sufficient (something
recognisable) andadequate(market value) correctly! - Consideration must move from the promissee.This means that the
person wishing to enforce a contract must have given something to the
bargain.The promissee in this case was Mrs Thomas who could not, then,
claim that the wishes of her husband would amount to consideration as
they came from her husband. However, she could claim that the money
that shepaid for rent was valid consideration to enforce the contract.