ilr.ccsenet.org International Law Research Vol. 7, No. 1; 2018 Abolishing the Doctrine of Consideration - The Story of the Arra- Part 2 Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail:
[email protected] Received: December 26, 2017 Accepted: January 16, 2018 Online Published: February 10, 2018 doi:10.5539/ilr.v7n1p95 URL: https://doi.org/10.5539/ilr.v7n1p95 20. PLOWDEN (1565) Sharington v Strotton (1565)1 concerned the conveyance of land by use by the owner to his brother and heirs, reserving a life interest (a liferent).The case was reported by Plowden and much use of the word 'consideration' was made of - albeit, it should be noted that Plowden's reports were published in Law French in 1571 and translated in 1761. The case arose on a bill of trespass against Strotton and others for taking timber without authority from land subject to a use (a trust) contained in a deed. The crucial issue was whether the use was valid. Counsel for the P's (Fleetwood and Wray) argued that the use was invalid since there was no consideration. Plowden (appearing for the D's with Bromley - he described himself as an 'apprentice of the Middle Temple') argued that the use was valid since a deed 'imported consideration' 2 - a proposition of law accepted by later courts and one which still prevails today (the actual case held that natural love and affection was sufficient consideration but this was soon reversed).3 So, what was consideration ? And, why was natural love and affection treated as, in effect, having a money value (being a good price) ? (a) Use of the Word 'Consideration' The word 'consideration' was used extensively in the case report.