Re McArdle (1951)

From Lawiki - The law notes repository
Jump to navigation Jump to search
Lawiki for and by law students - find us on Facebook if you want to help us edit this Law Wiki.

Not professional advice - LAWIKI cannot guarantee the validity of any information




We're Social

{{#widget:Twitter Search |query=Re McArdle (1951) |title=lawiki.org |caption=Law Wiki discussed : Re McArdle (1951) }}

This case (Re mc cardle [1951] Ch 669) is the archetypal example of a past benefit being unacceptable as Consideration in a Contract. The occupants of a house carried out certain improvements during their tenancy, and were offered payment in recompense by the owner. However, the owner died before doing so, and his representatives refused to honour the promise. The courts supported the owner's representatives, because the tenants had not provided good consideration.

Note that in this case the tenants' work was carried out at their own behest, and not at the request of the owner. Had the owner explicitly requested the tenants to do the work, and then offered payment, the court may have been able to use the doctrine of Implicit assumpsit to incorporate the past work into the agreement, and thereby deem it consideration.

UK LAW
Case Law