White v Bluett (1853) LJ Ex 36

Bluett Snr lent money to his son, Bluett Jnr, and there was an agreement supported by a promissory note that the money would be repaid. After the death of Bluett Snr, White, the executor of requested repayment of the loan. Bluett Jnr argued that Bluett Snr had stated repayment would not be necessary if Bluett Jnr stopped complaining about how Bluett Snr spread his estate amongst members of his family.

Issue:

Whether Bluett Jnrs promise to stop complaining about how Bluett Snr spread his estate was consideration.

Holding:

The promise to stop complaining was not consideration.

Ratio Decidendi:

The court reasoned that since Bluett Jnr had no right to complain, his forbearance of complaining was not consideration in exchange for the promise from Bluett Snr.