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Consideration must not be from the past
- For instance, in Eastwood v
- Kenyon, the guardian of a boyish girl obtained a loan to educate the girl and to improve her marriage prospects
- After her marriage, her husband promised to pay off the loan
The case is often cited in conjunction with Merritt v. Merritt. Here the court distinguished the case from Balfour v. Balfour because Mr. and Mrs. Merritt, although married again, were estranged at the continuance the alliance was made. Therefore any agreement between them was manufactured with the intention to create acknowledged relations.