Law 5110 Lecture Notes - Lecture 25: Obiter Dictum, Pay-As-You-Earn Tax, New Zealand
Document Summary
Performance of an existing contractual duty owed to a third party. The cases suggest that good consideration arises in such circumstances: The claimant"s uncle wrote to the claimant, congratulating him on his engagement to ellen. Nichol and promised him 150 p. a. until such time as the nephew was earning 600 gns p. a. as a chancery barrister. The claimant married ellen (ie performed an existing contractual duty owed to a third party) and sued the uncle"s executors on the promise. By marrying his fianc , the nephew had provided consideration to support the uncles promise of payment. The court analysed the consideration in terms of benefit/detriment. A similar approach was taken in scotson v pegg (1861) The claimants entered into a contract with x to deliver a cargo of coal to x or to x"s order (ie to whomsoever x should order it to be delivered to).
