Combe v Combe (1951) 2 KB 215, (1951) 1 All ER 767, CA
In this case a promised series of maintenance payments were never made. Seven years later, the wife sued for arrears.
The court held that where one party has, by his words or conduct, made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, the promiser cannot then be allowed to revert to the previous legal relations as if no such promise or assurance had been made by him.
They must accept their legal relations subject to the qualification which he himself has so introduced, even though it is not supported in point of law by any consideration but only by his word.
However, the principle never stands alone as giving a cause of action in itself, as it can never do away with the necessity of consideration. A bare promise - one with no consideration can not form a contract.
In this case, the court could not find any consideration for the promise to pay maintenance. It was also stated that the fact the wife held back from suing the husband on the arrears for seven years, this was not at the request of the husband and was in no way consideration for the promise.
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