Shaw v Crichton

In *Shaw v Crichton*, the New South Wales Court of Appeal considered a dispute between the appellant, Shaw, and the respondent, Crichton, concerning the interpretation and enforceability of a deed.

The central legal issue before the Court of Appeal was whether the respondent was entitled to enforce a deed against the appellant, notwithstanding that the respondent had not provided any consideration for the promises contained within the deed. This question required the Court to examine the principles of contract law, specifically the doctrine of consideration and its application to deeds.

The Court of Appeal held that a deed, by its very nature, does not require consideration to be enforceable. The formality of executing a deed, which involves signing, sealing, and delivery, is sufficient to create a binding obligation. Therefore, the respondent was entitled to enforce the promises made in the deed by the appellant, irrespective of whether any consideration had been provided. The appeal was dismissed.