Chapple v Cooper (1844) is an English contract law case that dealt with the doctrine of consideration.
In this case, the defendant, Cooper, had promised to pay the plaintiff, Chapple, a sum of money if he abstained from suing Cooper’s son for a debt owed to Chapple. Chapple agreed to this promise and abstained from suing Cooper’s son.
However, Cooper later refused to pay the promised sum of money to Chapple. Chapple sued Cooper for the promised payment, but Cooper argued that there was no consideration for his promise, as Chapple was not giving up anything of value.
The court disagreed with Cooper’s argument and held that Chapple’s abstention from suing Cooper’s son was a sufficient consideration for Cooper’s promise to pay him. The court held that the promise to abstain from suing was a legal right that Chapple was entitled to pursue, and that his decision to give up that right in exchange for the promise of payment was a valid consideration.
The case of Chapple v Cooper is an important case in the law of consideration, as it established that the giving up of a legal right can be a valid consideration for a promise, even if the promisee is not gaining anything of tangible value in exchange.