Consideration

Question 1

Definition of consideration

Answer 1

Exchange by both parties

Curie V Misa

Question 2

What is the rule which goes with consideration need not be adequate but must be sufficient

Answer 2

Doesn’t need to be of market value but must have some nominal value

Question 3

Consideration need not be adequate but must be sufficient exeption

Answer 3

Natural love + affection

White V Bluett: natural love + affection isn’t consideration

Ward V Byham: held the mother had went above and beyond her legal duty of caring for her child

Question 4

Consideration must move from the promisee

Answer 4

This means a person cannot sue or be sued under a contract unless they have provided consideration for it themselves

Question 5

What is the case for consideration must move from the promisee

Answer 5

Jackson V Horizon holidays: person can’t be sued unless they provided consideration for it themselves

Question 6

Past consideration is not good consideration

Answer 6

This means consideration wont count if it has already been given before the agreement has been made

Question 7

Case for Past consideration is not good consideration

Answer 7

ReMcardle: promise to make repayment came after the work had been done, so it was past consideration

Question 8

What is the exeption for past consideration is not good consideration

Answer 8

Impiled promise to pay for a task

Question 9

Case for implied promise

Answer 9

ReCaseys: court held he was intilied to the share as when he worked for them he would receive the payment

Question 10

Pre existing duty

Answer 10

Performing a pre existing duty is not good consideration for further payment as your already legally required to do it e.g public duties/other contrcacts

Question 11

Case for pre-exisiting duty

Answer 11

Collins V Godfrey: no consideration as the police officer was already under a obligation to be in court

Question 12

Exeption for pre exiting duty

Answer 12

Preventing D from a deterent

Question 13

Case for exeption

Answer 13

Williams V Rodfrey Bros: not providing consideration for Rofferys promise to pay for the work

Question 14

Consideration may be found where contractual duties are owed to a third party

Answer 14

You can satisfy 2 contracts but you only give one thing

E.g footballers satisfy each ticket holders consideration by playing

Question 15

Case for consideration may be found where contractual duties are owed to a third party

Answer 15

Shadwell V shadwell: performing one contract was consideration for another

Question 16

Part payment of debt is not good consideration

Answer 16

This means full payment of debt is good consideration

Question 17

Cases which illustrate part payment of debt

Answer 17

Pinnels case says part payment of debt is not satisfactory

Foakes V Beer: agreement to pay by instalements was not good consideration

Question 18

What are the two exemptions to part payment of debt

Answer 18

Accord + satisfaction: if the parties agree to vary the contract and the promisee pay part of the debt and something else of nominal value

Promissory estoppel: if the other relies on the new agreement the courts ‘estop’ D going back on the promise