Hamer v. Sidway [1891]
124 N.Y. 538 (1891) · New York Court of Appeals · New York, United States
Summary
Core consideration case.
Facts
An uncle promised money if his nephew refrained from drinking, smoking, swearing, and gambling until age 21.
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
Consideration can consist of a legal detriment even if it benefits the promisor.
Significance
Core consideration case.
Related Cases
No related cases listed.
Exam Tips
Review the ratio and reasoning before applying this case in problem questions.