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Roscorla v Thomas

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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. Past consideration is not a good consideration.

Facts

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An agreement for the purchase of a horse had been completed between buyer and seller. Following the completion of the contract, the seller made a warranty that the horse was "free from vice". Upon delivery, it was discovered by the buyer that the horse was vicious in behaviour. The buyer consequently sued.

Judgment

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Lord Denman CJ delivered the judgment of the Court.

"It may be taken as a general rule, subject to exceptions not applicable to this case, that the promise must be coextensive with the consideration... a consideration past and executed will support no other promise than such as would be implied by law."[1]

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See also

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References

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  1. ^ a b Roscorla v Thomas [1842] EWHC J74, (1842) 3 QB 234