Consideration

Question 1

Re McArdle

Answer 1

1: Consideration must not be past
( wife makes children sign to reimburse for work, children refuse - sue + fail)

Question 2

Stuart V Kasey

Answer 2

Reward was expected

Question 3

Tweddle v Atkinson

Answer 3

2: Consideration must move from the Promisee
(person may enforce promise as a contract)

Question 4

Chappell v Nestle

Answer 4

3: Considation need not to be adequate (fair value)
> Must be sufficient
( 1960 nestle offered record at 20% of price + 3 chocolate wrappers - good consideration)

Question 5

Ward v Byham

Answer 5

3: Consideration need not be adequate (fair value)
Promise was good consideration
(father of illegitimate child promised money to mother to care for child)

Question 6

Collins v Godefroy

Answer 6

4: Existing Duty
- Performance of existing duty is not good consideration
(Police officer had to attend court, defendant offered to pay for him to attend)

Question 7

Glassbook Bros v Glamorgan

Answer 7

4: Existing Duty
If consideration exceeds duty, may be considered
( asked for extra police protection + promised to pay - refused to pay)

Question 8

Heartley v Ponsoby

Answer 8

> Constrast Glassbrook Bros v Glamorgan
Good consideration for extra pay, voyage more dangerous

Question 9

DC Builders v Rees

Answer 9

5: Part payments of debts
- Part payment with cheque is not sufficient
( Accepted £300/482 in fall satisfaction of debt - no consideration, can sue)