Overview
Shadwell v Shadwell 1860 EWHC CP J88 is an English contract law case, which held that it would be a valid consideration for the court to enforce a contract if a pre-existing duty was performed, so long as it was for a third party.
Facts
Shadwell was engaged to marry Ellen Nicole. His Uncle Charles promised £150 a year in a letter after the marriage. He wrote, Uncle Charles died. Shadwell alleged that his Uncle had not paid in full before the death and claimed the outstanding money from his Uncle's estate. The estate refused to pay on the ground that Shadwell had given no consideration for the promise to pay the £150.
Judgment
The Court of Common Pleas held that there was good consideration for the promise by the nephew marrying, despite the fact that the engagement had already happened when the promise was made. There was good consideration in performing a pre-existing contract, if it was with a third party. Erle CJ said, Byles J dissented. In particular he disagreed on the factual question that the marriage was at the uncle's request. Keating J agreed with Erle CJ.
See also
*Chappell & Co Ltd v Nestle Co Ltd 1960 AC 87 *Hamer v Sidway 124 NY 538 (1891) *White v Bluett (1853) 23 LJ Ex 36 *Hawes v Armstrong 1 N. C. 761, 1 Scott, 661, Tindall CJ *Eastwood v Kenyon 11 Ad. & E. 438, 3 P. & D. 276