Consideration Flashcards
three requirements
consideration
privity
intention
consideration
consideration is essential as contract law requires a bargain, not a gift. both parties will give something to the offer in an exchange.
consideration: Currie v Misa upheld by Dunlop v Selfridge
“some right, interest, profit or benefit accruing to one party or some forbearance, detriment,less or responsibility given, suffered or undertaken by the other”
consideration example
in everyday contracts this might be payment for goods, a service offered for payment, or a service offers in return for another service.
consideration key terms
executed consideration
executory consideration
executed consideration
consideration that has been performed, an act in return for a promise
executory consideration
consideration that has yet to be performed, a promise for a promise