Consideration

Question 1

Which case is about two sailors deserting a ship in the Baltic?

1809 2 Camp 317; [1809] EWHC KB J58, 170 ER 1168

Answer 1

Stilk v Myrick

Question 2

In Beaton v McDivitt, which case is cited by two of the judges as having confirmed the bargain theory of consideration applies in Australia?

Answer 2

Australian Woollen Mills v The Commonwealth (1954) 92 CLR 424

Question 3

In Wigan v Edwards, Mason J recognises that a bona fide compromise in relation to an existing legal duty can be sufficient consideration to make a promise enforceable. What does bona fide mean in this context?

Answer 3

Honestly

Question 4

What was the question of policy in Williams v Roffey Bros that, according to Glidewell J, underpins the traditional concern of the courts that contract modifications should not be enforceable on the basis of an existing legal duty?

Answer 4

Economic duress

Question 5

Has the case of Williams v Roffey Bros been followed in Australia

Answer 5

Yes, but only in a decision by a single judge of the Supreme Court of NSW