Harrington v Taylor
36 SE 2d 227 (1945)
Facts
D had assaulted his wife (W). She escaped to P’s house. D broke into P’s house an assaulted W again. W knocked D down with an axe and was about to decapitate him when D intervened and, in the process, her hand was badly mutilated by the axe. D, however, survived and later promised to pay P for her damages. He payed a small sum then refused to pay any more. Was there valid consideration for D’s promise to pay P’s damages?
Held
No – the act was ‘voluntarily performed’ (although the Court clearly thought D should feel morally obliged to pay P’s damages!)
|
