Considerarion Flashcards
What is Consideration ?
passes from 1 party 2 another
both must give something of value
both gain and lose something
How does Currie V Miss define Consideration ?
“Some right, interest, profit, or benefit accruing 2 1 prty or some forebearance, detriment, loss or responsibility given, suffered or undertaken by the other”
What HoL say in Dunlop V Selfridge about Consideration?
bargain element - one party do something for other if visa versa
What are 2 types of consid. and explain ?
executory- not happened yet performance in future
executed- unilateral, does an act
What does Spem stand for ?
Sufficient
Past
Existing duty
Move
What does sufficient not adequate mean ?
sufficient- consid. must be real and have some value
What case proved wrappers were sufficient in consideration ?
Chappell V Nestle
How does White V Bluett compare to Ward V Byham ?
Wh V B- natural love & affection not sufficient
W V By- keeping child ‘happy’ additional req.
When is past consideration good and e.gs ?
when there is an implied promise
Lamp. V Brthw & Re. Casey- implied at time agr. made
When is there not an implied promise for last consid. ?
Re Mc.- promise 2 pay after work
Rosc. V Thms- warranty after purchase
What case shows performing a pre-existing duty can’t be good consid. ?
Still V Myrick
How can there be an exception to existing duty & case/s ?
doing ‘extra’ work. Hartley V Ponsonby- 19 crew memb. left & rest sailed ‘unsafe’ ship home
How does existing duty additional work apply to Collins V Godefroy?
no consid. as policeman req. to turn up 2 court by law & give ev.
Collins compared to Glassbrook Bros V Glamgorgan CC how ?
police provided extra protection and men
How was the rule of existing duty furthered in Williams V Roffey Bros ?
not pay for sum of delay
‘extra’ work satisf. if other prty benefit or avoid disadv.
What does move mean & case ?
move from promised so promise provides consideration
not est. in Tweedle V Atkinson
