Consideration

Question 1

Definition

Answer 1

Currie v misa1915 - benefit / detriment

Dunlop v selfridge 1915 price paid for persons promise

Question 2

Part payment

Answer 2

Gen rude when parties amend must create new
Needs same requirements
If contract less sum won’t be valid to pay less as lack of fresh consideration
A suffering detriment B not providing any benefit

Question 3

Pinnels case 1602

Answer 3

Payment less sum can’t be satisfactory of whole

Question 4

Foakes v beer 1884

Answer 4

Upheld pinnels

Question 5

B can provide fresh consideration

Answer 5

Pinnels case - horse hawk robe

Something more to benefit lessor sum

Question 6

PE

Central London property v high treees house 1947

Answer 6

If party clearly accepts lessor sum and other party relies can’t go back as equity wont allow

Question 7

DC builders v reese 1966

Answer 7

Cheque don’t suffice

Question 8

Restrictions PE

Answer 8

Shield not sword
Combe 1951

Defence only

Must wait till sue for balance before pleading PE

Uncertain within case law if PE terminates or suspends

Question 9

Williams v Roffery bros 1991

Answer 9

Recently widen definition - practical benefit or avoid disbenifit

Gave hope FOAKES being overruled

Promise to pay bonus if work finished on time

Question 10

Insufficient consideration

Answer 10

Past consideration
Pre existing public duty
Pre exiting contractual duty

Question 11

Past consideration

Answer 11

Past consideration is no consideration

Promise made after performance is gift

Past means making of promise

Roscolra L.A. v Thomas 1842

Question 12

Roscorla v Thomas 1842

Answer 12

Horse sound free from vice after promise made

Question 13

Lampleigh v braitwait 1615

Answer 13

Exemption past consideration

If provide services it’s implicit paid for

Common sense

S8(2) SGA
S15 SSGA

Question 14

S8(2) SGA

Answer 14

Reasonable price paid re any goods sold

Question 15

S15 SGSA 1982

Answer 15

Reasonable charge for any services rendered

Question 16

Pre existing duty

Answer 16

If legally obliged to do something, promise to carry it out can’t amount to fresh consideration

Collins v godfrey 1831

Question 17

Collins v godfrey 1831

Answer 17

Pre existing duty

Gen if legally obliged to do something by law promise to carry it out can’t be fresh consideration

Question 18

Exceptions to pre existing contractual duty rule

Answer 18

Done something more than obliged - glasbrook bros v Glamorgan county council 1925

Limits to concept in Leeds United football v CC West Yorkshire police 2012

Question 19

Pre existing contractual duty

Answer 19

Arises when attempt to vary

Gen rule promise of obligation already owed isn’t fresh

Pinnels case 1602

Question 20

Stilk v myrick 1809

Answer 20

Held already contracted to work ship no new consideration

Question 21

Exceptions to pre existing duty

Answer 21

Hartley v posonby 1857

Did something more