Consideration Flashcards
Carlill
One party performs an act in fulfilment of a promise made by the other, unilateral contract
Consideration must not be past
Re McArdle
Lampleigh V Braithwaite (exception)
Re McArdle
Wife does work on MiL house, mothet makes children sign reimbursement to wife, refuse on her death, wife sued and failed, consideration came before agreement
Lampleigh v Braithwaite
B asked L to obtain pardon, L spent alot but succeeded, B offered £100, but did not. Service had been requested, both parties contemplated payment.
Consideration must move from promise
Only person who had provided consideration in return for promise may enforce as contract
Tweddle v Atkinson
Consideration need not be adequate
Chappell v Nestle
Ward v Byham
Chappell v Nestle
Consideration needs to be sufficient
Nestle offered record at 20% of price plus 3 wrappers
Ward v Byham
Father of illegitimate child promised money to mother if she looked after child, beyond normal duty, good consideration
Existing duty
Collins v Godefroy-performance of existing duty≠ consideration
Glasbrook Bros v glamorgan - only if exists duty can be consideration, asked to pay for extra protection
Existing duty
Collins v Godefroy-performance of existing duty≠ consideration
Glasbrook Bros v glamorgan - only if exists duty can be consideration, asked to pay for extra protection
Stilk v Myrick
Existing contractual duty - 2 crew members desert ship, captain offers extra to get them home, only existing duty, no new consideration
Hartley v ponsonby
Similar to stilk, 17 desert, more dangerous, greater consideration
Williams v roffey
R refurbished 27 flats, penalty clause for not finishing in time, subcontracts to catch up, offers bonus to finish in time, avoiding a pentaly is consideration
Shadwell v Shadwell
C had consideration by suffering economic detriment by relying on promise of uncle
Pinnel’s 1602
Part payment of debt is not consideration
