consideration Flashcards
what are considerations
things exchanged when making a contract
what case outlines the definition of consideration
Carrie v misa
what is the definition of considerations under carrie v misa
“some right, interest, profit or benefit accruing to the one party, or some detriment, loss or responsibility given by the other”
what are the 4 maxims of consideration
-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
to have sufficient consideration what must you give
anything as long as it has value to the parties
what is required for the considerations to be sufficent
something real and of value must be transfred between the parties
give a case for inadequate yet sufficient considerations
Thomas v Thomas
give a case for value=good considerations
chapple v nestle
give a case to show ‘not complaining’ dosent count as good considerations
white v bluett
give a case to show that if something isnt in your legal duty then it may count as good considerations
ward v bytham
if a deed has already been done/goods already provided does this count as good considerations
no-something already passed cannot form part of a new agreement
give a case to show no need to pay as deed is done before promise to pay
Re MaArdle
what is the exeption for past considerations not being good considerations
implied considerations
give 2 cases for implied consideration
lampleigh v braithwaite
re casey’s patemted
if you’re not party to an agreement (provided consideration) can you sue/be sued
no
give a case to show if you’re not party to an agreement (provided consideration) you cannot sue/be sued
tweeddle v atkinson
if you’re already obliged to do something can there be consideration
genraly no
when can you get aditional considerations whilst doing a pre-existing public duty
if you go above and beyond
what are the 3 things to look at when looking if there could be aditional benifit
-public duty
-duty from prexisting contract
-promise to make payment on an existing debt
if you are simply doing your public duty could you get extra considerations + case
no
collins v godefroy
give a case where someone does more than their public duty so could get aditional considerations
Glassbrook bros
genraly if your are doing your duty from a pre existing contract can you get aditional considerations + case
no
stilk v myrick
what are the 2 exceptions when doing a duty from a prexisting duty and getting aditional considerations
-practical benifit
-obligation to a 3rd party
give a case for getting more considerations for a practical benifit exception pre existing contract
williams v Roffery bros v Nicolls
can you be contracted to do the same thing for a 3rd party + case
yes
scotson v pegg
can a creditor claim the full ammount even if they previously said part would suffice + case
genrally yes
Pinnel
foakes v beer
when can a creditor nor claim the full ammount
where there’s accord and satisfaction
eg paiment made early/alternate payment given
give a case for accord and satisfaction
High trees
who must be the one to request accor and satisfaction
the creditor
what if the creditor accepts something other than money
is good consideration even if not at equal value
