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- May 29, 2016 at 8:47 am #317601
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. 🙂
May 29, 2016 at 9:02 am #317899No, 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?
May 31, 2016 at 2:25 pm #318234sir 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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