Consideration

Question 1

what are the 4 rules of consideration?

Answer 1

• consideration must be sufficient, but need not be adequate
• consideration must not be given in the past
• performance of an existing legal duty is not good consideration
• consideration must move from the promise

Question 2

what is the case for consideration being sufficient but not adequate?

Answer 2

chappell v nestle co

Question 3

what does thomas v thomas say?

Answer 3

need not be adequate

Question 4

what does jones v padvatton say?

Answer 4

that giving up something of value is good consideration

Question 5

what does white v bluett say?

Answer 5

that consideration that has no economic value is not good consideration

Question 6

what does ward v bytham say?

Answer 6

that existing duty as a parent is not good consideration

Question 7

what is the case for past consideration not being valid?

Answer 7

Re McArdle

Question 8

what is the exception to past consideration?

Answer 8

implied promises

Question 9

what does lampleigh v braithwait say?

Answer 9

that past consideration is only good when it has been provided at the promisors request, which creates an implied promise

Question 10

what does Re caseys patents say?

Answer 10

that past consideration is only good when it has been provided in an employer/employee setting which implies an implied promise of payment

Question 11

what is the case for performing existing legal duty?

Answer 11

collins v godefroy

Question 12

what is the exception to legal/contractual duty not being valid?

Answer 12

going beyond the existing duty

Question 13

what is the case for going beyond the existing legal duty?

Answer 13

glasbrook bros v glamorgan cc

Question 14

what is the case for existing legal duty not being valid?

Answer 14

stilk v myrick

Question 15

what does hartley v ponsonby say?

Answer 15

that going beyond the existing duty is valid consideration

Question 16

what does williams v roffey bros say?

Answer 16

if performing an existing contractual duty provides actual beneifts, then it is valid

Question 17

what does scotson v pegg say?

Answer 17

that fulfilling an existing contractual duty owed to a 3rd party can amount to valid consideration for a new contract

Question 18

what does tweddle v atkinson say?

Answer 18

consideration must move from the promisee