consideration

Question 1

what are considerations

Answer 1

things exchanged when making a contract

Question 2

what case outlines the definition of consideration

Answer 2

Carrie v misa

Question 3

what is the definition of considerations under carrie v misa

Answer 3

“some right, interest, profit or benefit accruing to the one party, or some detriment, loss or responsibility given by the other”

Question 4

what are the 4 maxims of consideration

Answer 4

-need not be adequate but must be sufficient
-Past consideration is not good consideration
-must move from the promisee
-Performing an existing duty cannot be the consideration for a new contract

Question 5

to have sufficient consideration what must you give

Answer 5

anything as long as it has value to the parties

Question 6

what is required for the considerations to be sufficent

Answer 6

something real and of value must be transfred between the parties

Question 7

give a case for inadequate yet sufficient considerations

Answer 7

Thomas v Thomas

Question 8

give a case for value=good considerations

Answer 8

chapple v nestle

Question 9

give a case to show ‘not complaining’ dosent count as good considerations

Answer 9

white v bluett

Question 10

give a case to show that if something isnt in your legal duty then it may count as good considerations

Answer 10

ward v bytham

Question 11

if a deed has already been done/goods already provided does this count as good considerations

Answer 11

no-something already passed cannot form part of a new agreement

Question 12

give a case to show no need to pay as deed is done before promise to pay

Answer 12

Re MaArdle

Question 13

what is the exeption for past considerations not being good considerations

Answer 13

implied considerations

Question 14

give 2 cases for implied consideration

Answer 14

lampleigh v braithwaite
re casey’s patemted

Question 15

if you’re not party to an agreement (provided consideration) can you sue/be sued

Answer 15

no

Question 16

give a case to show if you’re not party to an agreement (provided consideration) you cannot sue/be sued

Answer 16

tweeddle v atkinson

Question 17

if you’re already obliged to do something can there be consideration

Answer 17

genraly no

Question 18

when can you get aditional considerations whilst doing a prexisting duty

Answer 18

if you go above and beyond

Question 19

what are the 3 things to look at when looking if there could be aditional benifit

Answer 19

-public duty
-duty from prexisting contract
-promise to make payment on an existing debt

Question 20

if you are simply doing your public duty could you get extra considerations + case

Answer 20

no
collins v godefroy

Question 21

give a case where someone does more than their public duty so could get aditional considerations

Answer 21

Glassbrook bros

Question 22

genraly if your are doing your duty from a pre existing contract can you get aditional considerations + case

Answer 22

no
stilk v myrick

Question 23

what are the 2 exceptions when doing a duty from a prexisting duty and getting aditional considerations

Answer 23

-practical benifit
-obligation to a 3rd party

Question 24

give a case for getting more considerations for a practical benifit exception pre existing contract

Answer 24

williams v Roffery bros v Nicolls

Question 25

can you be contracted to do the same thing for a 3rd party + case

Answer 25

yes
scotson v pegg

Question 26

can a creditor claim the full ammount even if they previously said part would suffice + case

Answer 26

genrally yes
Pinnel
foakes v beer

Question 27

when can a creditor nor claim the full ammount

Answer 27

where there’s accord and satisfaction
eg paiment made early/alternate payment given

Question 28

give a case for accord and satisfaction

Answer 28

High trees

Question 29

who must be the one to request accor and satisfaction

Answer 29

the creditor

Question 30

what if the creditor accepts something other than money

Answer 30

is good consideration even if not at equal value