Thomas v Thomas (1842) 2 Q.B. 851, 114 E.R. 330

Thomas v Thomas (1842) 2 Q.B. 851, 114 E.R. 330

The case is an example of citing the importance of consideration in an agreement. The involved parties include Mr. Thomans, Mrs. Thomas, and the executor. Moreover, the following are the details of the case.

Case Facts:

On his deathbed, Mr. Thomas had wished that if his wife lives after his death, she is allowed to stay in their house until she dies.

Mr. Thomas dies, and an agreement was made between Mrs. Thomas and the executor of Mr. Thomas’ will. The agreement included that Mrs.

Thomas will be allowed to live in their house as long as an annual payment of 1 £ will be paid as the rent for the land. Aside from this, the agreement also included that Mrs. Thomas will keep the house in good shape.

Case Issue for Thomas v Thomas (1842) 2 Q.B. 851, 114 E.R. 330

The issue accounts for whether or not Mrs. Thomas and the will’s executor had reached an enforceable agreement.

Case Decision:

The court decided that there were sufficient grounds for the agreement to be considered legally enforceable. This would be the decision even if they were married.

Reasons behind the Decision:

The court cited that the promise of an annual payment of 1 £ and to keep the house in good shape is considered as a value. This value is then considered to be legal within the agreement made between Mrs. Thomas and the executors.

Such reasoning is cited because value, in relation to any agreement, is of any amount even if it is too small to account for. As a result, the promise made by Mrs. Thomas is a strong consideration in relation to the agreement for her to stay at their house in her entire life.

Read more about the case here.