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consideration

Ssasha10y ago
sir my question did not get posted in previous thread. so I am posting in new one. I got ur point , sir :) But, in shadwell v shadwell , promise by uncle was given after marriage. isn't it? so doesn't it come under past consideration? I am not in hurry. I am taking CBE exam. :)
MikeLittleMikeLittleTutor10y ago#1
No, the promise was made before the marriage as this letter clearly shows: The uncle wrote, “ 11 August, 1838. Gray’s Inn. My dear L, I am glad to hear of your intended marriage with Ellen Nicholl, and, as I promised to assist you at starting, I am happy to tell you that I will pay to you 150l yearly during my life time and until your annual income from your profession of a chancery barrister shall amount to 600 guineas, of which your own admission will be the only evidence that I shall receive or require. Your ever affectionate uncle, Charles Shadwell." Now, the preamble to that letter says, ambiguously, this: "Mr Shadwell was engaged to marry Ellen Nicholl (this is a binding contract). His Uncle Charles promised £150 a year in a letter after the marriage." In my view, the sentence construction is incorrect and, simply by rearranging a phrase, without changing any words, we arrive at this: "Mr Shadwell was engaged to marry Ellen Nicholl (this is a binding contract). His Uncle Charles, in a letter, promised £150 a year after the marriage." or even "In a letter, his Uncle Charles promised £150 a year after the marriage." or "His Uncle Charles promised, in a letter, £150 a year after the marriage." In fact, you could put the phrase "in a letter" anywhere in the sentence except between "year" and "after" and you will arrive at what I believe to be the correct meaning OK?
Ssasha10y ago#2
sir if promise was given after marriage then would uncle be obliged to pay him? because in some cases of past consideration I have come across with '' implied promise' so I just got confused .
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