White v Bluett 1853 Case Facts
The 1853 case of White v Bluett 1853 is a dispute between a son and his late fathers estate. Mr Bluett senior lent his son some money, this money was not repaid and Mr Bluett senior died. The agreement was made between Bluett Senior and Junior and a promissory note was completed. The will of the late Mr Bluett was to be executed by White and on finding out about the outstanding money, White decided to sue the son of Mr Bluett for the moneys that were never paid back. In his defence, Bluett junior argued that his father had stated that the repayment of the money he borrowed was not needed and that the promissory note was rendered ineffective. This was down to his son agreeing to stop disagreeing with the way his father was going to spread his estate among the rest of the Bluett family.
The court had to look in to the fact and define that whether or not Mr Bluett Junior’s agreement to stop his moaning about his father’s planned distribution of his estate was enough to satisfy the required consideration in the construction of a legally bound contract between the father and son. If the court could prove this then it was likely that the son would than be released from the contract and would not have to pay the debt owe to his late fathers estate.
Case Outcome of White v Bluett 1853 – Case Held
During the case the court held that Mr Bluetts son gave no consideration that he had no obligation to pay back the money to the estate that he borrowed from his late father. They also thought that his son did not have grounds to complain at the way his father, the late Mr Bluett wanted to split his estate after his death and he was free to do what he wanted. This resulted the said agreement that his son should stop his complaint on the split of the will was not sufficient enough ground on not to pay back the money.