Roscorla v Thomas [1842]

Roscorla v Thomas [1842] 3 QB 234 is an important case in English contract law, highlighting the principle that past conduct alone is not sufficient consideration to support a contract. Past consideration is generally not considered valid.

The case involved an agreement for the purchase of a horse. After the contract was completed, the seller provided a warranty that the horse was "free from vice" (meaning it had no harmful behavioural traits). However, upon delivery, the buyer discovered that the horse was, in fact, vicious in behaviour. As a result, the buyer sued.

Lord Denman CJ delivered the judgment of the Court, stating that a general rule exists, subject to certain exceptions not applicable in this case: the promise must be coextensive with the consideration. He emphasised that consideration that is past and executed will not support any promise beyond what would be implied by law.

In this case, the Court ruled in favour of the defendant because his promise (the warranty of soundness) was not supported by consideration. The consideration for the warranty had already been provided through the original contract of sale. According to the court, for the warranty to be legally effective, new consideration would have had to be given. This decision underscores the principle in English contract law that consideration contracted for in the past does not constitute valid consideration for a present agreement.

In essence, the case established the importance of a contemporaneous exchange of value (consideration) for promises made in a contract, and it clarified that past actions or promises without fresh consideration are generally insufficient to create legal obligations.
Back to blog
UOLLB SQE Turbocharge

UOLLB SQE Turbocharge

Get ready for the SQE1 with high-performance SQE Study Guides developed by UOLLB and published by UOL Press to revolutionise your study method and exam strategy.

Turbocharge SQE Performance

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 essential case summaries. UOL Case Bank is constantly expanding.
Speed up your revision with us now👇

Subscribe Now

Where are our students from?

Council of Europe
Crown Prosecution Service
Baker Mckenzie 
Yale University
University of Chicago
Columbia University
New York University
University of Michigan 
INSEAD
University of London
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham
ESSEC Business School

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law

    Terminology

    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory

    Exam-focused

    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.