Consideration

Question 1

Case for Past Consideration being Not Good Consideration

Answer 1

Eastwood v Kenyon (Education payment)

Question 2

Case for Exception to Past Consideration

Answer 2

Lampleigh v Brathwaite (Kings pardon)

Question 3

Case for Part Payment

Answer 3

Pinnels Case (Part payment)

Question 4

Case for Exception to Pinnels Case - Part Payment

Answer 4

Homeguard Products v Kiwi Packaging (Banking cheque)

Question 5

Elements of Consideration (6)

Answer 5

1. Consideration must move from promisee but not necessarily to the promisor
2. Must not be past
3. Sufficient but not adequate
4. Performance of an existing contractual duty will not amount to valid consideration
5. Performance of an existing public duty will not amount to valid consideration
6. Part payment of a debt is not valid consideration

Question 6

Exceptions to Pinnels Case (6/7)

Answer 6

1. Payment of a lesser sum plus ‘something extra’
2. Payment of a lesser sum by a third party
3. Composition with creditors
4. Statutory exceptions
5. Deed
6. Part payment of an unliquidated debt
7. Accord and Satisfaction

Question 7

Case for existing public duty

Answer 7

Collins v Godefroy (Collins not entitled to payment for testifying as he was subpoenaed to and therefore it was an existing duty)

Question 8

Case for existing contractual duty

Answer 8

Stilk v Myrik (Sailors not entitled to more compensation)

Question 9

Exception to existing contractual duty

Answer 9

Scotson v Pegg