Case Summary

Thomas v Thomas (1842) 114 ER 330

Contract; lease; formation; token consideration sufficient.

Facts: Before he died, Mr Thomas expressed the desire that, if his wife survived him, she should be allowed to live in his house until her death. After his death, Mr Thomas' executors took account of this wish and entered into a lease agreement with Ms Thomas, allowing her to occupy the house in return for her promising to pay £1 a year (which would go towards the ground rent) and a promise to keep the house in good repair.

Issue: Had sufficient consideration been provided by Ms Thomas to make the agreement with the executors legally enforceable?

Decision: Ms Thomas was entitled to enforce the agreement.

Reason: The promise to pay £1 each year and keep the house in good condition was not in any sense equivalent in value to the benefit that Ms Thomas received under the agreement with the executors. However, there is no requirement that consideration be of equivalent value: it is enough that it be of some value, even if relatively small. Ms Thomas' promises were therefore sufficient consideration for the promise to let her occupy the house for life.