Consideration

Question 1

Re McArdle

Answer 1

Consideration must not be past. Son and wife in mothers house wife done work to house. Mother makes children sign reimburse agreement to get wife out of house. Children refuse wife sues. Consideration before agreement so was past.

Question 2

Lampleigh v Braithwaite

Answer 2

Exception of consideration being past, Both parties understand payment expected. B accused of murder asked L pardon. B offered 100 to L but did not, both parties contemplated payment.

Question 3

Tweddle v Atkinson

Answer 3

Consideration must move from the Promisee. Only person who has provided consideration can make contract.

Question 4

Chappell v Nestle

Answer 4

Consideration need not be adequate. Must be of economic value. Nestle offered 20% of record plus 3 chocolate wrappers.

Question 5

Collins v Godfrey

Answer 5

Performance of existent duty not consideration. Officer to attend court as part of job. Defendant offered money for him to attend .Enforceable.

Question 6

Glassbrook Bros v Glamorgan

Answer 6

Only if consideration exceeds the duty may it be considered. Asked for police protection said he would pay. Refused to pay said its their job however he had to pay extra men as consideration.

Question 7

Hartley v Ponsonby

Answer 7

Performance of an existing contractual duty not sufficient.17 desert 19 remain voyage dangerous, greater work. Good consideration for extra pay.

Question 8

Shadwell v Shadwell

Answer 8

Existing contractual duty to third party is sufficient consideration. Lost money due to uncle promises. Promised money if married uncle girl. Entitled to be payed.

Question 9

DC Builders v Rees

Answer 9

Part payment of debts. Accepted 300 out of 482 in full satisfaction of the debt. No consideration can sue for balance.

Question 10

Pinnel’s 1602

Answer 10

Part payment of debt is not good consideration for promise to get rid of left balance.