consideration Flashcards
what is executed consideration?
where an act has been carried out
what is executory consideration?
where the act has not been done yet
rules of consideration (6)
- must be sufficient but need not be adequate
- must not be in the past
- not a pre existing duty
- moves from the promisee
- may be found where the contractual duties are owed to a 3rd party
- pre-payment is not considered satisfaction of the remaining debt
sufficient but need not be adequate
Chappell v Nestle - wrapper case
Thomas v Thomas - £1 rent
must be real
must be tangible
have some value in the eyes in the law
why is promising not to do something not consideration?
White v Bluett
there is no economic value
Ward v Byham
treat with caution
going above legal requirement goes above consideration
consideration must not be in the past
Roscorla v Thomas
Re Mcardle
Lambeleigh v Braithwaite
consideration cannot be something that wasw done before money promises were made
what is an existing duty
-legal/ public duty
- contractual duty
case of pre-existing duty (legal)
Collins v Godfrey - was legally required to go to court so no consideration
Glasbrook bros v Glamorgan CC (1925) - there was consideration as had gone over what they were legally obliged to do
case of pre-existing duty (contractual)
Stilk v Myrick - two had left so there was not a change to work
Hartley v Ponsonby - as more had left by carrying out the work they went aboube their contractual duties
Pre-existing duties in the 20/21st centuary
Williams v Roffey Brothers
case where there is existing debt
Re Selectmove- as the debt existed then the promise to pay back in insallemnts was not concideration.
