Shadwell v Shadwell - case summary PDF

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Case brief: Shadwell v Shadwell a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment) Plaintiff: Shadwell, nephew Defendant: Shadwell, Uncle deceased, estate Uncle promised to pay nephew 1501 every year if he were to marry Ellen and his income did not amount to more than 600 guineas for his job as a barrister. 18 instalments paid, uncle died. (b) Issues (what is in dispute) Whether there was consideration for the contract. Specifically the marriage. (c) Holding (the applied rule of law) Plaintiff lost as the letter was found to hold no consideration because it a letter of kindness (d) Rationale (reasons for the holding) Plaintiff argued that marriage was consideration as it was a detriment to him, due to having to provide for his wife financially. Although this was not upheld because the plaintiff had already made an agreement to marry Ellen prior to this contract and the uncle also knew about engagement before agreeing to pay him. It cannot be consideration as the marriage was a pre-existing consideration and was not invoked by the uncles offer to pay him annually. Money was not paid on the basis of the plaintiffs job title but was just as long as his income did not exceed 600 guineas....