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Intention to Create Legal Relations

Last updated: 06-Oct-2014

Thomas v Thomas (1842) 2 QB 851, per Patterson J:

Motive is not the same thing with consideration. Consideration means something wich is of value in the eye of law, moving from the plaintiff.

Per Lord Campbell, CJ in Hall v Dyson (1852) 17 QB 785:

Wherever a man may do an act without a breach of any legal or moral obligation, that act may be a valid consideration for a promise to pay money to him.

Lush J in Currie v Misa (1875) LR 10 Ex 153:

…a valuable consideration, in the sense of the law, may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given suffered, or undertaken by the other.

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