Thomas v Thomas

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Thomas v Thomas
Court Queen’s Bench
Citation 114 Eng.Rep. 330
Date decided February 5, 1842


  • 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.


Do the parties' motives in entering into a contract factor into the adequacy of consideration?


  • The executor Thomas argued that the contract lacked consideration because the parties were simply trying to respect the wish of the decedent Thomas.


No. The parties' motives in entering into a contract don't factor into the adequacy of consideration.




Justice Pattison: The executor must not confuse consideration with motive.