Hamer v. Sidway [1891]
124 N.Y. 538 (1891) · New York Court of Appeals · New York, United States
Issue
Was forbearance from legal rights valid consideration?
Held
Yes. The nephew's forbearance was sufficient consideration.
Exam use
Review the ratio and reasoning before applying this case in problem questions.
Summary
Core consideration case.
Facts
Issue
Was forbearance from legal rights valid consideration?
Held
Yes. The nephew's forbearance was sufficient consideration.
Ratio Decidendi
Forbearance from a legal right can be valid consideration.
Reasoning
Essay-Ready Explanation Generator
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Reference to Hamer v. Sidway (124 N.Y. 538 (1891)) strengthens a contract law answer because the case reflects the principle that Forbearance from a legal right can be valid consideration. Applied to a problem question, the case should be used after identifying the issue as Was forbearance from legal rights valid consideration? The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Significance
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Exam Tips
Revision Checklist
- Name the issue before discussing facts so the marker sees the legal question immediately.
- State the holding in one sentence, then use the ratio to explain why the court reached that result.
- Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
- Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.