Consideration Flashcards
What is the definition of Consideration?
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
What was held in Dunlop v Selfridges
That there was no agreement due to the fact that there was no consideration
What was decided in Thomas v Thomas
A peppercorn rent of £1 was adequate consideration
What was decided in ACC Bank PLC v Gerard Dillon & Ors
The court held that consideration is a mutuality of obligation
In what case were wrappers considered good consideration?
Chappell & Co v Nestle & Co
What happened in O’Neill v Murphy
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
Which case did a lawyer promise to pay someone who had been subpoenaed to court?
Collins v Godefroy
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?
Glasbrook Bros v Glamorgan County Council
In which case did a football club hire police to maintain safety at one of their matches
Harris v Sheffield United
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
England v Davidson
What did the court decide in White v Bluett
That it was an intangible promise as the natural love and affection between father and son is not good consideration
What was decided in Eastwood v Kenyon
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
In which case did a man offer his nephew £5000 to forebear from smoking, drinking and gambling?
Hamer v Sidway
In which case did a woman take part in a promotional campaign and also give up her anonymity?
O’Keeffe v Ryanair
What case did a large number of the crew abandon the voyage halfway through and what was decided?
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
In which case did 2 sailors leave throughout the voyage?
Stilk v Myrick
What is the rule in Pinnel’s Case?
That part-payment of an already existing debt does not amount to good consideration
What are two other examples can be given to show the rule in Pinnel’s case
Foakes v Beer
Permanent TSB v Walsh
What happened in Foakes v Beer?
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
What rule was decided in Roscorla v Thomas
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
What other case could be referred to when talking about past consideration?
ACC Bank PLC v Gerard Dillon & Ors
What is the one exemption to past consideration?
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
Which case established the test for the exemption to consideration and what are its three factors
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
