Consideration

Question 1

What does the case of Tweddle v Atkinson state about consideration?

Answer 1

Consideration must be given by each to make a contract binding. A number of rules and exceptions have developed

the main being that consideration must move from the promised

Question 2

What do the cases of Thomas v Thomas, White v Bluett and Chappell v Nestle state?

Answer 2

Consideration need not be adequate nor equal on each side but must be sufficient. It must also be real or certain and must have a real value

Question 3

What is the rule of past consideration?

Answer 3

is not good consideration. this is were a party promises to pay for something that has already been done. Roscorla v Thomas

Good consideration must be a promise for the future Re McArdle

Question 4

What is the exceptions of past consideration?

Answer 4

past consideration will be good consideration where a reward was expected because it was in a commercial situation.

                              OR

where the act required by the other party
Lampleigh v Braithwaite

Question 5

What is the rule on existing duty?

Answer 5

cannot be consideration for a new contract
Stilk v Myrick

Question 6

What are the exceptions of existing duties?

Answer 6

where an existing duty has become more difficult or different ~ Hartley v Ponsonby

and if promising to pay more for an existing duty gives a benefit or avoids a detriment to the promiser ~ Williams v Roffey Bros

Question 7

What is the rule for an existing public duty?

Answer 7

such as a policeman giving evidence in court
Collins v Godefroy

is not good consideration unless it goes beyond what is normally required

Question 8

What is the exception for existing public duty?

Answer 8

exceeding the public duty does amount to good consideration for a promise of payment

Glasbrook v Glamorgan, Ward v Byham

Question 9

What does the case of Shadwell v Shadwell state?

Answer 9

performing a duty owed to a third party is good consideration