Is a good consideration for a promissory note?

Alberta, Canada


The following excerpt is from Kocken v. Stewart, 1999 ABQB 331 (CanLII):

In Famous Foods Limited v. Liddle, [1941] 2 W.W.R. 708 the British Columbia Court of Appeal gave judgment on a promissory note whose consideration was shown to be an unenforceable compromise agreement. The headnote of the case summarizes the decision as follows: Held that the respondent could recover on the note. Where a man bona fide believes that he has a good cause of action on a particular claim, his forbearance to sue will constitute a good consideration even though in fact his original claim may not have constituted a good cause of action. Here the respondent had believed in good faith that it had a good cause of action against the appellant, and its forbearance to sue was therefore good consideration for the note.

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