FACTS: The parents of an illegitimate child separated and the father paid a neighbour £1 per week to look after the child. Subsequently, the mother wrote to the father to ask him to let her have the child and the £1 per week. The father agreed if: (a) the mother could prove that the child would be well and happy; and (b) that the child was allowed to decide for herself whether or not she wished to live with her mother. The child did wish to live with the mother and the father paid the £1 per week for seven months. At that point the mother married and the father refused to make any further payments. The mother sued for breach of contract and the father pleaded want of consideration. He maintained that the National Assistance Act 1974 s 42 imposed a duty on the mother of an illegitimate child to care for her child. Consequently, the father alleged that the mother was doing no more than she was required by the public duty imposed upon her by law. HELD by the Court of Appeal: the majority of the court, while acknowledging that the mother did owe an existing duty, found 'ample consideration' for the promise in the mother's undertaking to keep the child happy and to allow her to choose where she wished to live. This was over and above her public duty to maintain the child.
Answer
Ward v Byham [1956] 1 WLR 496
Tags
#consideration #contract
Question
FACTS: The parents of an illegitimate child separated and the father paid a neighbour £1 per week to look after the child. Subsequently, the mother wrote to the father to ask him to let her have the child and the £1 per week. The father agreed if: (a) the mother could prove that the child would be well and happy; and (b) that the child was allowed to decide for herself whether or not she wished to live with her mother. The child did wish to live with the mother and the father paid the £1 per week for seven months. At that point the mother married and the father refused to make any further payments. The mother sued for breach of contract and the father pleaded want of consideration. He maintained that the National Assistance Act 1974 s 42 imposed a duty on the mother of an illegitimate child to care for her child. Consequently, the father alleged that the mother was doing no more than she was required by the public duty imposed upon her by law. HELD by the Court of Appeal: the majority of the court, while acknowledging that the mother did owe an existing duty, found 'ample consideration' for the promise in the mother's undertaking to keep the child happy and to allow her to choose where she wished to live. This was over and above her public duty to maintain the child.
Answer
?
Tags
#consideration #contract
Question
FACTS: The parents of an illegitimate child separated and the father paid a neighbour £1 per week to look after the child. Subsequently, the mother wrote to the father to ask him to let her have the child and the £1 per week. The father agreed if: (a) the mother could prove that the child would be well and happy; and (b) that the child was allowed to decide for herself whether or not she wished to live with her mother. The child did wish to live with the mother and the father paid the £1 per week for seven months. At that point the mother married and the father refused to make any further payments. The mother sued for breach of contract and the father pleaded want of consideration. He maintained that the National Assistance Act 1974 s 42 imposed a duty on the mother of an illegitimate child to care for her child. Consequently, the father alleged that the mother was doing no more than she was required by the public duty imposed upon her by law. HELD by the Court of Appeal: the majority of the court, while acknowledging that the mother did owe an existing duty, found 'ample consideration' for the promise in the mother's undertaking to keep the child happy and to allow her to choose where she wished to live. This was over and above her public duty to maintain the child.
Answer
Ward v Byham [1956] 1 WLR 496
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Open it Ward v Byham [1956] 1 WLR 496
FACTS: The parents of an illegitimate child separated and the father paid a neighbour £1 per week to look after the child. Subsequently, the mother wrote to the father to ask him to let
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