Consideration

Question 1

Consideration

Answer 1

something for something
- both parties will give something to the other as an exchange
law is concern with bargains, not gifts

Question 2

Executed Consideration

Answer 2

C has been carried out

Question 3

Executory Consideration

Answer 3

a promise to perform acts in future

Question 4

Chappell V Nestle

Answer 4

C needs not be adequate but must be sufficient
chocolate wrappers

Question 5

Thomas V Thomas

Answer 5

C needs not be adequate but must be sufficient
£1 for rent

Question 6

Re McArdle

Answer 6

past C is not good C
already done the C before agreement so not good C and can’t be enforced

Question 7

Collins V Godefroy

Answer 7

performing an existing duty can’t be an C for a new contract
police already going to court so don’t need payment to do so

Question 8

Stilk V Whyrick

Answer 8

performing an existing duty can’t be an C for a new contract
already has a duty to support if teammate leaves so can’t enforce promised payment
VS Hartley V Ponsonby: do more than duty so good C

Question 9

Hartley V Ponsonby

Answer 9

performing more than existing duty can be a good C for a new contract
VS: Stilk V Whyrick: had a duty before so not good C

Question 10

Williams V Roffey Bros

Answer 10

exception to performing a pre-existing duty if the other party is avoiding a detriment

Question 11

White V Bluett

Answer 11

Promising not to do something that you have no legal right to do anyway is not good C