Thomas v Thomas

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Thomas v Thomas
Court Queen’s Bench
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.

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