consideration Flashcards

1
Q

what are considerations

A

things exchanged when making a contract

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2
Q

what case outlines the definition of consideration

A

Carrie v misa

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3
Q

what is the definition of considerations under carrie v misa

A

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

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4
Q

what are the 4 maxims of consideration

A

-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

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5
Q

to have sufficient consideration what must you give

A

anything as long as it has value to the parties

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6
Q

what is required for the considerations to be sufficent

A

something real and of value must be transfred between the parties

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7
Q

give a case for inadequate yet sufficient considerations

A

Thomas v Thomas

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8
Q

give a case for value=good considerations

A

chapple v nestle

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9
Q

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

A

white v bluett

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10
Q

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

A

ward v bytham

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11
Q

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

A

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

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12
Q

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

A

Re MaArdle

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13
Q

what is the exeption for past considerations not being good considerations

A

implied considerations

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14
Q

give 2 cases for implied consideration

A

lampleigh v braithwaite
re casey’s patemted

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15
Q

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

A

no

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16
Q

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

A

tweeddle v atkinson

17
Q

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

A

genraly no

18
Q

when can you get aditional considerations whilst doing a pre-existing public duty

A

if you go above and beyond

19
Q

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

A

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

20
Q

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

A

no
collins v godefroy

21
Q

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

A

Glassbrook bros

22
Q

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

A

no
stilk v myrick

23
Q

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

A

-practical benifit
-obligation to a 3rd party

24
Q

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

A

williams v Roffery bros v Nicolls

25
can you be contracted to do the same thing for a 3rd party + case
yes scotson v pegg
26
can a creditor claim the full ammount even if they previously said part would suffice + case
genrally yes Pinnel foakes v beer
27
when can a creditor nor claim the full ammount
where there's accord and satisfaction eg paiment made early/alternate payment given
28
give a case for accord and satisfaction
High trees
29
who must be the one to request accor and satisfaction
the creditor
30
what if the creditor accepts something other than money
is good consideration even if not at equal value