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White v Bluett (1853) 23 LJ Ex 36

Facts:

D complained about not getting as much money as siblings to father. F agreed and said if he didn’t complain anymore he would discharge D of liability in a promissory note

Issue(s):

Was this a contract? Was their valid consideration?

Ratio:

There must be valid consideration for a contract. Reciprocal exchange is a necessary element of consideration.

Analysis:

No consideration – he is not giving anything in return for something the father was giving him.
**Reciprocal exchange is necessary for consideration.

Consideration is giving up something you are able to do and there is no prohibition against it.
**If you give up a freedom that you have that does have value and should be considered consideration
**No consideration when you give up something that you aren’t legally entitled to do


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