In other words, the court will never enforce a gratuitous agreement. Past consideration is no consideration: Roscorla purchased a horse from Thomas. Roscorla v Thomas [1] is a notable case in English contract law which demonstrates that past conduct is not sufficient consideration to support a contract.. Q1.2 Constitution of a consideration. Business Law - Cases in English Law. Thomas then promised the horse was sound. An agreement for the purchase of a horse had been completed between buyer and seller. The parties entered into an an agreement (relating to the supply of tissue paper) which stated, in part: ... or of some agreements made in the course of family life between members of a family as in Balfour v Balfour. After fulfilling the contract, Thomas added an additional promise, that the horse would be in a good shape. Areas of applicable law: Contract law – Consideration – Past consideration. Refresh. Share this case by email Share this case. Following the completion of the contract, the seller made a warranty that the horse was "free from vice". Consideration need only be legally not economically adequate. This case considered the issue of consideration and whether or not a promise that a horse was sound and free from vice was enforceable when it occurred after the sale of the horse was executed. This excludes promises of love and affection, gaming and betting etc. The horse was in fact not sound and P sued for breach of contract. Share this case by email Share this case. Overview. Overview. STUDY. Thomas v Thomas (1842) 2 QB 851; 114 ER 330.

Queen's Bench On 28 September 1840 Roscorla's servant bought a horse for his master from Thomas for £30; Roscorla was to pay for the horse at a later date.

Roscorla v Thomas (1842) 3 QB 234 . Roscorla v Thomas (1842) 3 QB 234. Roscorla v Thomas (1842) 3 QB 234.

John Thomas, shortly before dying, orally expressed a desire for his wife to have either the house used as their residence and its contents or £100 in addition to the other provisions made for her in his will. Facts P purchased a horse from D. D then promised the horse was sound and 'free from vice'. Roscorla v Thomas (1842) 3 QB 234 . In the case Roscorla v. Thomas, (1842) 3 QB 234; Roscorla purchased a horse from Thomas.

. Roscorla v Thomas. Facts. This principle demonstrated in Roscorla v Thomas(1842). Contents. Roscorla v Thomas (1842) 3 QB 234. Roscorla v Thomas Last updated February 19, 2019. The horse was in fact not sound and Roscorla … Held: Absent an express promise no warranty would be implied, but in this . Plaintiff's husband's dying wish was that his wife have either the house in which he lived or 100 pounds. Now i … Firstly, past consideration is not a consideration. It was held that the defendants promise was unenforceable by the plaintiff as consideration was wholly past. A promise after an act is void to be a consideration as it already past. Past consideration is no consideration.

The law does not enforce gifts unless they are made by deed.

Stands as authority for the principle that past consideration is not good consideration. In Roscorla v. Thomas, the plaintiff had just bought a horse from the defendant and as he was leading it away, the defendant assured him that it was a good horse free from any vice. Consideration must be something of value in the eyes of the law - (Thomas v Thomas) (1842) 2 QB 851.

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