Consideration

Question 1

Re mcardle

Answer 1

Consideration must not be past

Question 2

Lampleigh v braithwaite

Answer 2

Consideration can be past if D requests or both party understand payment expected. B offered to pay L for a pardon of murder but did not

Question 3

Tweddle v Atkinson

Answer 3

Only person whohas provided consideration in return for a promise may enforce promise

Question 4

Chappell v nestle

Answer 4

Consideration needs to br sufficient but not fair value. Nestle offered 20% of price plus choc wrappers

Question 5

White v bivett

Answer 5

Consideration most have real (economic) value

Question 6

Hamer v sideways

Answer 6

Giving up something can de consideration

Question 7

Collins v godefroy

Answer 7

Performing an existing duty is not consideration. Police officer has to attend court as part of job d offered to pay him to attend

Question 8

Glassbrook bros v Glamorgan

Answer 8

Only if consideration exceeds duty msy it be considered. Pit owner asked for extra police protectipn then refused claimed it was their duty. But exceeded duty

Question 9

Stilik - myrick

Answer 9

Performance of an existing contractual duty not sufficient. Captain offers crew extra wage to get them home all they did was duty

Question 10

Stewart v Casey

Answer 10

Past consideration can be good consideration - Casey managed patents owned by Stewart - after work done Stewart promised one third share. Stewart then went against word but was only payment offered

Question 11

Williams v roffey

Answer 11

R contracted to complete work had penalty clause if not done on time. Sub contract to W who falls behind, R offer bonus if finish on time and he does. - avoiding penalty clause good consideration (avoiding detriment)