consideration

Question 1

Re Mcardle

Answer 1

POL- consideration must not be past
- mum makes children sign a reimbursement agreement for wife, children refuse on death , consideration came before they signed agreement so it was past.

Question 2

Lampleigh v Braithwaite

Answer 2

POL- exception if services performed at Ds request when both parties understand
-B accused of murder, L obtained a pardon, spent and succeeded.
- B offered to pay but service has been requested, both parties contemplated payment

Question 3

Weddle v Atkinson

Answer 3

POL- consideration must move from the promisee
-only person who has provided consideration in return for promise may enforce contract.

Question 4

Chappel v Nestle

Answer 4

POL- consideration needs to be sufficient
-nestle offered record at 20% plus three choc wraps, was good consideration

Question 5

Collins v Godfrey

Answer 5

POL- performance of an existing duty is not consideration
-police officer had to attend court as part of job , defendant offered to pay- not enforceable

Question 6

Ward v Byham

Answer 6

father of illegitmate child promised money to mum if she kept child well, no obigation to law and beyond normal duty . promise was good consideration

Question 7

Glasbrook Bros v Glamorgan

Answer 7

POL- only if consideration exceeds the duty may it be considered
-pit owner asked for extra protection promised pay, refused to pay said it was police duty, had to pay as it was consideration

Question 8

Stilk v Myrick

Answer 8

POL- performance of an existing contractual duty is not sufficient
- 2 members of ship desert, captain offers crew extra wages to get them home, they did an existing duty, no new consideration.

Question 9

Hartley v Ponsonby

Answer 9

POL-existing contractual duty
- 17 desert and 19 remain , voyage more dangerous , greater work so good consideration for extra pay

Question 10

Williams v Roffey

Answer 10

POL- existing contractual duty
- builders redoing 27 flats , penalty clause to do in time, sub contract to carpenter, falls behind, offer bonus if he finishes in time
- bonus was enforceable as avoiding penalty was good consideration

Question 11

Shadwell v Shadwell

Answer 11

POL-exisitng contractual duty owed to a third party is sufficent for consideration
-c provided consideration, suffered economic detriment due to uncles promise, c promised money if he married a girl , he did and was entitled to be payed

Question 12

Pinnel 1602

Answer 12

POL- part payment of debt is not good enough consideration for a promise to get rid of remaining balance.

Question 13

DC builders v Rees

Answer 13

POL- part payment with cheque is not sufficient
-accepted £300 of ‘£482 in full satisfaction of debt , no consideration and extracted under pressure , can sue for balance

Question 14

Foakes v Beer

Answer 14

POL- confirmed PInnel
- F owed B £2090, agree to pay in instalments, debt payed off , B demands interest and won, no consideration in earlier agreement