Consideration Flashcards
Tweddle v Atkinson
consideration must move from the claimant
consideration must move from the claimant
Tweddle v Atkinson
Chappell v Nestle 1960
The things being exchanged do not need to be valuable but sufficient
the things being exchanged do not need to be valuable but sufficient
Chappell v Nestle 1960
Consideration
A promise, performance or loss suffered in exchange for the other party’s promise
Case defining consideration
Currie v Misa
Currie v Misa
defines consideration
White v Bluett
Consideration must be real and have some value
Consideration must be real and have some value
White v Bluett
McArdle 1951
Past consideration is no consideration
Past consideration is no consideration
McArdle 1951
Performing a pre-existing public duty is not consideration
Collins v Godefroy
Collins v Godefroy
Performing a pre-existing public duty is not consideration
Stilk v Myrick
Performing a pre-existing contractual duty is not consideration
Performing a pre-existing contractual duty is not consideration
Stilk v Myrick
If there is an extra element to the pre-existing duty, there is consideration
Hartley v Ponsonby
Hartley v Ponsonby
If there is an extra element to the pre-existing duty, there is consideration
Foakes v Beer
Part payment of a debt is insufficient consideration for a promise to pay the remainder
Part payment of a debt is insufficient consideration for a promise to pay the remainder
Foakes v Beer
Lampleigh v Braithwait
Exception to past consideration is no consideration:
If a matter is so important, payment could be implied as intended by the parties
Exception to past consideration is no consideration:
If a matter is so important, payment could be implied as intended by the parties
Lampleigh v Braithwait