English Contract Law General Principles

“The circumstances are, that the plaintiff had made an engagement to marry one Ellen Nicholl, that his uncle had promised to assist him at starting,—by which, as I understand the words, he meant on commencing his married life. Then the letter containing the promise declared on is sent, to specify what that assistance would be, namely, 150l. per annum during the uncle’s life, and until the plaintiff’s professional income should be acknowledged by him to exceed 600 guineas per annum; and the declaration avers, that the plaintiff, relying on this promise, without any revocation on the part of the uncle, did marry Ellen Nicholl. Now, do these facts shew that the promise was in consideration either of a loss to be sustained by the plaintiff or a benefit to be derived from the plaintiff to the uncle, at his, the uncle’s, request? My answer is in the affirmative…. Secondly, do these facts shew a benefit derived from the plaintiff to the uncle, at his request? In answering again in the affirmative, I am at liberty to consider the relation in which the parties stood and the interest in the settlement of his nephew which the uncle declares. The marriage primarily affects the parties thereto; but in a secondary degree it may be an object of interest to a near relative, and in that sense a benefit to him. This benefit is also derived from the plaintiff at the uncle’s request. If…