Consideration

Question 1

What is consideration?
- Establishing cases

Answer 1

A promise isn’t enforceable unless made in return for something, or for the promise of something
- Currie v Misa
- Dunlop v Selfridge

Question 2

What is executed consideration?

Answer 2

An act in return for a promise

Question 3

What is executory Consideration?

Answer 3

A promise for a promise

Question 4

What are the rules of Consideration?

Answer 4

• Must be sufficient, need not be adequate
• Past isn’t good consideration
• Must move from promisee but need not flow to promiser
• Pre-existing duty isn’t consideration
• Part Payment isn’t good

Question 5

Explain Consideration is Sufficient but need not be adequate
- with cases

Answer 5

• Promise enforced if something of value is given in return
• Need not a fair/market value amount
• Thomas v Thomas
• Chappell v Nestle

Question 6

Explain Past Consideration isn’t Good Consideration
- With cases

Answer 6

There is no value if promise is already completed at time of agreement
- Re McArdle

Unless there’s implied terms/promises
- Lampleigh v Braithwaite

Question 7

Explain Consideration must move from the promisee but need not flow to the promiser
- With cases

Answer 7

A party cannot sue/be sued unless they’ve provided consideration
- Tweedle v Atkinson

Question 8

Explain Performing a pre-existing duty owed to the promiser isn’t consideration
- With cases

Answer 8

Pre-existing Duties like appearing in court, or doing job cannot be considered consideration.
- Collins v Godfrey
- Stilk v Myrick

Question 9

Explain Part payment is not good consideration
- With cases

Answer 9

Part payment of a debt cannot be satisfaction for the whole payment
- Pinnel’s Case 1602
- Foakes v Beer