Facts: Bonacina was a long-time English resident, and became bankrupt in England in 1897. He owed a substantial sum of money to an Italian resident who had failed to make a claim in the administration of the bankrupt estate in England as he was not aware of the bankruptcy. In 1902, Bonacina was discharged from his bankruptcy. In 1906, Bonacina signed a document in Italy whereby he agreed to repay the debt to the Italian creditor. The effect of the English bankruptcy was that Bonacina was discharged from any liability to pay the Italian creditor, but that was not so under Italian law. Consideration had no application in Italian law, but the lack of consideration made the agreement void under English law. Bonacina died in 1908 before repayment of the debt, and the Italian creditor made a claim for the debt in England.
Held: The proper law of the contract was Italian law, and therefore the contract was enforceable.
Ratio: Whether consideration is a necessary element of a binding obligation is determined by the proper law of the contract.