White V Bluett
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''White v Bluett'' (1853) 23 LJ Ex 36 is an
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
case, concerning the scope of
consideration in English law Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, includin ...
.


Facts

Mr Bluett had lent his son some money. Mr Bluett died. The executor of Mr Bluett's estate was Mr White. He sued the son to pay back the money. In his defense, the son argued that his father had said the son need not repay if the son would stop complaining about how Mr Bluett would distribute his property in his
will Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpower * Will (sociology) * Will, volition (psychology) * Will, a modal verb - see Shall and will ...
among the children.


Judgment

Pollock CB held there was no consideration for any discharge of the obligation to repay. The son had ‘no right to complain’ anyway. Not complaining was therefore an entirely intangible benefit.
Baron Alderson Sir Edward Hall Alderson (baptised 11 September 1787 – 27 January 1857) was an English lawyer and judge whose many judgments on commercial law helped to shape the emerging British capitalism of the Victorian era.Hedley (2004) He was a Baron ...
added this.


See also

*''
Bret v JS ''Bret v JS & Wife'' (1600) Cro Eliz 756 is a formative English contract law, which held that a good consideration for courts to enforce contracts did not include promises for "natural affection". Facts Mr William Dracot was the husband of the ...
'' (1600) Cro Eliz 756 *'' Hamer v Sidway'' (1891) 27 NE 256 *'' Pitt v PHH Asset Management Ltd'' *'' Williams v Roffey Bros''


References

{{Reflist 1853 in case law 1853 in England English enforceability case law English consideration case law 1853 in British law Court of Exchequer Chamber cases