Consideration Flashcards
Thomas v Thomas
Consideration needs to be sufficient but need not be adequate
Consideration must be of economic value but value of things being exchanged doesn’t need to be equal
Context: husband died and wife paid £1 rent each year
Consideration
Exchange of something with economic value
Jones v Padvatton
Giving up something of value (even if not given to the party) can be consideration
Context: daughter gave up job in America to study in UK
White v Bluett
Affection cannot be consideration or stopping doing something they had no legal right to
Context: son agreed to stop complaining (no legal right to complain in first place) and gave love and affection
Performance of an existing legal or contractual duty is not good consideration
If one party already had a duty to do something, promising to do that thing does not have any value
Collins v Godfrey
If already legally obliged to do something, this cannot be used as consideration
Context: paid police officer to ensure he gave evidence important to the case. Police officer was already under court order to give evidence
Glasbrook Bros v Glamorgan CC
Being asked to do extra (going behind duty) than is already legally required, this is consideration
Context: hired extra police protection in exchange for payment
Silk v Myers
When only doing what you’ve got a contractual duty to do, this is not good consideration
Context: asked to do extra work as crew members deserted ship and he refused to pay extra wages as promised because this work would already be expected as workers and doesn’t go beyond enough to be consideration
Hartley v Ponsonby
Going beyond your contractual duty is consideration
Context: 17/36 crew members deserted. Being paid more for this extra work is more valuable as more crew members were missing
Williams v Roffey Bros
If there is extra practical benefit gained this is good considetion
Context: Williams finished same work quicker so Roffey would avoid penalty fee
Scotson v Pegg
Can have 2 legal contracts from doing the same thing
Context: paying to unload coal when they were already contracted to do that
Re McArdle
Consideration cannot be performed in the past- prior to the agreement
Context: Mrs McArdle carried out renovations then after her husband and sisters signed a document to pay for repairs
Lampleigh v Braithwait
Exception: implied promises
Someone implied payment will be made for other parties but does not formally agree until after
Tweddle v Atkinson
Only people who give consideration can have legal rights/ sue
Context: husband sued estate as father in law died before giving money agreed to
Re Casey’s Patent
If implied employee would be rewarded by employer for working, even if not formally agreed to till after
