Bret v JS & Wife Cro Eliz 756 is a formative English contract law

English contract law

English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth , and the United States...

, which held that a good consideration for courts to enforce contracts did not include promises for "natural affection".

Facts

Mr William Dracot was the husband of the wife in this case. His son went to "table" (train as a servant for meal preparation) with Mr Bret for three years. Dracot promised Bret £8 a year for the duration, but he died that same year. The widow, out of love for the son and the wish that the son would continue, promised Bret £6 13s 4d for the tabling of the son for the rest of the three years, and £8 a year for each year after. Then the widow married the defendant, J.S. Mr Bret brough an action for the £6 13s 4d for tabling in the two years following.

The report shows the counsel for JS and the wife, Warburton, argued (1) this was an entire contract by the first husband for the entire year and it could not be apportioned (2) natural affection is not a sufficient ground for an assumpsit without quid pro quo

Quid pro quo

Quid pro quo most often means a more-or-less equal exchange or substitution of goods or services. English speakers often use the term to mean "a favour for a favour" and the phrases with almost identical meaning include: "give and take", "tit for tat", "this for that", and "you scratch my back,...

(3) the contract should have been pleaded as an action for debt.

Judgment

The Court held that the action succeeded. The report runs as follows,

See also

• Pillans v Van Mierop
  Pillans v Van Mierop
  Pillans & Rose v Van Mierop & Hopkins 3 Burr 1663 is a case concerning letters of credit, and the doctrine of consideration. It has been recommended as a landmark case in English contract law. In it, Lord Mansfield tentatively expressed a view that the doctrine of consideration was redundant...
  
  
• White v Bluett
  White v Bluett
  White v Bluett 23 LJ Ex 36 is an English contract law case, concerning the scope of consideration in English law.-Facts:Mr Bluett had lent his son some money. Mr Bluett died. The executor of Mr Bluett's estate was Mr White. He sued the son to pay back the money...
  
  
• Combe v Combe
• Williams v Roffey Bros