consideration

Question 1

Friedmann Equity Developments Inc V Final Note Ltd

Answer 1

no consideration needed for contracts under seal

Question 2

Re McArdle

Answer 2

past consideration is not valid

Question 3

Roscorla V Thomas

Answer 3

past consideration not valid

Question 4

Smith v Morrison

Answer 4

past consideration not valid (brought to ireland)

Question 5

Provisional BOI v O’Donnell

Answer 5

past consideration not valid

Question 6

Lampleigh V Brathwait

Answer 6

past consideration valid when asked for by defendent and assumption of payment by both parties

Question 7

Bradford V Roulston

Answer 7

past consideration valid when requested

Question 8

Re Casey’s Patents

Answer 8

pas consideration valid when expected payment & requested

Question 9

Pao On V Lau Yiu Long

Answer 9

past consideration valid when requested and payment expected & consideration valid when bound by 3rd party agreement

Question 10

Tweddle V Atkinson

Answer 10

no stranger to consideration can take advantage of a contract even when made for his benefit

Question 11

Price V Easton

Answer 11

cannot sue if your in a contract where 2 parties provided consideration but you didnt

Question 12

McCoubray v Thompson

Answer 12

cannot sue for breach if the contract is in your benifit and you havent provided consideration

Question 13

Grogan V Cooke

Answer 13

courts will not look into the value of consideration so long as it is tangible, it is valid, even if the deal is unfair

Question 14

White V Bluett

Answer 14

not considereation if its intangible (love and affection)

Question 15

O’Neill v Murphy

Answer 15

not good consideration when its intangable (thoughts and prayers)

Question 16

Hamer v Sidway

Answer 16

considered good consideration when a party has suffered a detrement (not drinking/gambeling)

Question 17

Bainbridge V Firmstone

Answer 17

still consideration if there is a worthless value

Question 18

Thomas V Thomas

Answer 18

worthless tangible consideration is good consideration

Question 19

Chappell V Nestle

Answer 19

worthless consideration = good consideration

Question 20

Collins V Godefroy

Answer 20

not consideration when the duty is imposed by law

Question 21

Glasbrook Brothers V Glamorgan County Council

Answer 21

exception where legally imposed duty is consideration when slightly more is done

Question 22

Ward V Byham

Answer 22

exception where legally imposed duty is consideration when more is done

Question 23

Harris v Sheffeild United Football Club

Answer 23

legal duty = consideration when slightly more is done

Question 24

McKerring V Minister for Agriculture

Answer 24

legal duty = consideration when more is done

Question 25

Leeds United Football Club V West Yorkshire Police

Answer 25

legal duty is consideration when more than legally necessary is done

Question 26

Harris V Watson

Answer 26

no consideration when legally bound with existing contractwith promisor to preform the same duty

Question 27

Stilk V Myrick

Answer 27

no consideration when existing contractual duty to promisor

Question 28

Hartley V Ponsonby

Answer 28

exception to existing contractual duty to promisor when more than origionally agreed upon is done

Question 29

Hanson V Royden

Answer 29

consideration is provided for even when an existing contract with promisior is binding, if the promisee does nore than origionally agreed upon

Question 30

Williams V Roffey Brothers

Answer 30

consideration is provided for in a same for more contract when there is a benifit for the promisor, consideration = more payment and avoiding a fine from 3rd party

Question 31

Truck & Machinery Sales V Marubeni Komatsu

Answer 31

irish case renstating the UK precedent of same for less=valid if the promisor benifits

Question 32

Adam Opel V Mitras Automotive

Answer 32

docterine of economic duress allows a threatened party to get out of a contract where a threat of serious fininanchial consiquences is made to ensure a signiture

Question 33

Re Selectmove

Answer 33

the precedent of same for less only applies to goods/services completed and in cases of debt owed, Pinnels Law will still apply

Question 34

Foakes V Beer

Answer 34

payment of a lesser sum is no satisfaction of the debt

Question 35

Pinnel’s Case

Answer 35

exception to Pinnel’s Law where lesser payment may be accepted in full satisfaction of the debt if a new element is introduced at the request of the debtor, the debtor would not have made this request if it was not of some benifit

Question 36

Sibree V Tripp

Answer 36

payment by negotiable instrument is a new method accepted of payment accepted as a new element (pay by promissory note [written promise to pay] or by bill of exchange [written order to pay] instead of cash payment)

Question 37

Mayor of Drogheda V Fairclough

Answer 37

payment by negotiable instrument is a new method accepted of payment accepted as a new element (pay by promissory note [written promise to pay] or by bill of exchange [written order to pay] instead of cash payment)

Question 38

D & C Builders V Rees

Answer 38

payment by cheque is the same as payment by cash and does not fall under the exception to Pinnel’s Case

Question 39

Welby V Drake

Answer 39

payment of a lesser sum shall be accepted in full satisfaction of the debt when paid by a third party, otherwise it would be a fraud on them

Question 40

Cooke V Lister

Answer 40

payment by a 3rd party is an exception to the Rule in Pinnel’s Case

Question 41

Hirachand Punamchand V Temple

Answer 41

payment by a 3rd party is an exception to the rule in pinnel’s case

Question 42

Shadwell V Shadwell

Answer 42

good consideration is given even when the promisee is bound to this same considerate act by a third party

Question 43

Scotson V Pegg

Answer 43

good consideration is given even when bound by a 3rd party

Question 44

The Eurymedon

Answer 44

good consideration given even when obligated by a 3rd party contract