Brief of Re McArdle

Brief of Re McArdle by Legum

RE McArdle:

Mrs McArdle undertook improvements on an inherited property with her own money. After the improvement, she got the owners of the inherited property to sign a document where they promised to repay the cost she bore on the improvements. When Mrs McArdle later tried to claim the amount she spent on the repairs, the owners refused to repay.


1. Whether Mrs McArdle provided consideration for the promise to repay the cost she bore.


1. That Mrs McArdle did not provide consideration.

Ratio Decidendi:

Although Mrs McArdle bore the cost of the repairs, she did so prior to the promise by the owners to repay her. The consideration was past consideration and considered not good consideration. She had thus given no consideration in exchange for this promise, and there was thus no contract between the parties.