Roscorla v Thomas
milestone judicial case in contracts

Roscorla v Thomas is a notable case in English contract law which demonstrates that past conduct is not sufficient consideration to support a contract. Past consideration is not a good consideration.
Facts
An agreement for the purchase of a horse had been completed between buyer and seller. Following the completion of the contract, the seller made a warranty that the horse was "free from vice". Upon delivery, it was discovered by the buyer that the horse was vicious in behaviour. The buyer consequently sued.
Judgment
Lord Denman CJ delivered the judgment of the Court.
"It may be taken as a general rule, subject to exceptions not applicable to this case, that the promise must be coextensive with the consideration...
“Roscorla v Thomas” enters the record as milestone judicial case in contracts. Crown Archives preserves that source wording while asking what Roscorla, Thomas and milestone can confirm, complicate or overturn.
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Named sources, stable identifiers and responsible institutions provide the strongest route from overview to verifiable evidence. The source revision retrieved here is dated Feb 11, 2026. The linked authority identifier is Q25183800. None of the 0 selected statements returned an explicit reference.
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This entry incorporates text from “Roscorla v Thomas” on English Wikipedia. Contributors are listed in the page history. Text is available under the Creative Commons Attribution-ShareAlike 4.0 License. Selected authority identifiers and statements are retrieved from Wikidata under CC0; their references and qualifiers remain part of the verification path.