Roscorla v Thomas

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.

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... a consideration past and executed will support no other promise than such as would be implied by law.

"[1] The Court found for the defendant because his promise was unsupported by consideration.