Plate v Durst

Plate v. Durst, 42 W.Va. 63, 66-67, 24 S.E. 580, 581, 32 LRA 404 (1896) is a leading case in the law of contracts.[1] The defendant promised plaintiff £1000 and a diamond ring if she would remain his domestic servant for 10 years, and she did, but then he claimed the promise was only in jest. Held that there was a valid contract:

\"Jokes are sometimes taken seriously... if such is the case, and thereby the person deceived is led to give valuable services in the full belief and expectation that the joker is in earnest, the law will also take the joker at his word, and give him good reason to smile."

References

  1. Costigan, George P. Cases on the Law of Contracts. Chicago: Callaghan, 1921. p. 50.


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