Consideration

Question 1

What is the definition of Consideration?

Answer 1

Something of value in the eyes of the law moving from the plaintiff, it may be some detriment to the plaintiff or some benefit to the defendant - Thomas v Thomas

Question 2

What was held in Dunlop v Selfridges

Answer 2

That there was no agreement due to the fact that there was no consideration

Question 3

What was decided in Thomas v Thomas

Answer 3

A peppercorn rent of £1 was adequate consideration

Question 4

What was decided in ACC Bank PLC v Gerard Dillon & Ors

Answer 4

The court held that consideration is a mutuality of obligation

Question 5

In what case were wrappers considered good consideration?

Answer 5

Chappell & Co v Nestle & Co

Question 6

What happened in O’Neill v Murphy

Answer 6

Priest promised to pay in return for building works done. It was held that prayers do not have real world value and thus aren’t consideration

Question 7

Which case did a lawyer promise to pay someone who had been subpoenaed to court?

Answer 7

Collins v Godefroy

Question 8

In which case was the police staying at a mine for an extended period of time during a worker protest considered to have gone above and beyond their public duty?

Answer 8

Glasbrook Bros v Glamorgan County Council

Question 9

In which case did a football club hire police to maintain safety at one of their matches

Answer 9

Harris v Sheffield United

Question 10

In which case did a policeman want a reward for giving info on a felon, but which he already had a public duty to give

Answer 10

England v Davidson

Question 11

What did the court decide in White v Bluett

Answer 11

That it was an intangible promise as the natural love and affection between father and son is not good consideration

Question 12

What was decided in Eastwood v Kenyon

Answer 12

A mere promise is not a contract as it would open up everyone to being sued as well as this a moral obligation is not sufficient for consideration

Question 13

In which case did a man offer his nephew £5000 to forebear from smoking, drinking and gambling?

Answer 13

Hamer v Sidway

Question 14

In which case did a woman take part in a promotional campaign and also give up her anonymity?

Answer 14

O’Keeffe v Ryanair

Question 15

What case did a large number of the crew abandon the voyage halfway through and what was decided?

Answer 15

Hartley v Ponsonby - decided all the people that left created more work and stress for those that did not and that this went above and beyond their duties

Question 16

In which case did 2 sailors leave throughout the voyage?

Answer 16

Stilk v Myrick

Question 17

What is the rule in Pinnel’s Case?

Answer 17

That part-payment of an already existing debt does not amount to good consideration

Question 18

What are two other examples can be given to show the rule in Pinnel’s case

Answer 18

Foakes v Beer
Permanent TSB v Walsh

Question 19

What happened in Foakes v Beer?

Answer 19

Foakes owed Beer £2090 and said if he paid £500 upfront the rest could be paid in instalments. This was held not to be sufficient agreement on the basis that no fresh consideration was given

Question 20

What rule was decided in Roscorla v Thomas

Answer 20

That Past consideration is not good consideration. As the sale of the horse had been completed before the consideration that it was free from vice was given

Question 21

What other case could be referred to when talking about past consideration?

Answer 21

ACC Bank PLC v Gerard Dillon & Ors

Question 22

What is the one exemption to past consideration?

Answer 22

Lampleigh v Brathwait - if at the time the service was given it was implied that it was to be paid for it may amount to sufficient consideration for a promise to pay

Question 23

Which case established the test for the exemption to consideration and what are its three factors

Answer 23

Pao On v Lau Yiu Long
- act must have been done at promisors request
- parties must have understood that the act was to be remunerated by payment
- Payment must have been legally enforceable