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Lucy Rimington Discuss the significance of the precedent set in Shadwell v Shadwell The issue in Shadwell v Shadwell was whether or an existing promise made to a third party could be good consideration for a new promise. It has long been accepted that where a party merely does something which he is already legally bound this can never amount to sufficient consideration for an entirely fresh agreement as in Collins v Godefroy and this rule has been used to cover where the duty has arisen under an existing contract as shown in the earlier dispute of Stilk v Myrick. In this case, 2 members of a ships crew deserted and the captain promised that the remaining crew members could share the 2 men's wages if they got the ship safely home, but he later refused to pay. It was held that the promise to pay was not binding on him as...

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