Consideration Flashcards
Definition
Currie v misa1915 - benefit / detriment
Dunlop v selfridge 1915 price paid for persons promise
Part payment
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
Pinnels case 1602
Payment less sum can’t be satisfactory of whole
Foakes v beer 1884
Upheld pinnels
B can provide fresh consideration
Pinnels case - horse hawk robe
Something more to benefit lessor sum
PE
Central London property v high treees house 1947
If party clearly accepts lessor sum and other party relies can’t go back as equity wont allow
DC builders v reese 1966
Cheque don’t suffice
Restrictions PE
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
Williams v Roffery bros 1991
Recently widen definition - practical benefit or avoid disbenifit
Gave hope FOAKES being overruled
Promise to pay bonus if work finished on time
Insufficient consideration
Past consideration
Pre existing public duty
Pre exiting contractual duty
Past consideration
Past consideration is no consideration
Promise made after performance is gift
Past means making of promise
Roscolra L.A. v Thomas 1842
Roscorla v Thomas 1842
Horse sound free from vice after promise made
Lampleigh v braitwait 1615
Exemption past consideration
If provide services it’s implicit paid for
Common sense
S8(2) SGA
S15 SSGA
S8(2) SGA
Reasonable price paid re any goods sold
S15 SGSA 1982
Reasonable charge for any services rendered
Pre existing duty
If legally obliged to do something, promise to carry it out can’t amount to fresh consideration
Collins v godfrey 1831
Collins v godfrey 1831
Pre existing duty
Gen if legally obliged to do something by law promise to carry it out can’t be fresh consideration
Exceptions to pre existing contractual duty rule
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
Pre existing contractual duty
Arises when attempt to vary
Gen rule promise of obligation already owed isn’t fresh
Pinnels case 1602
Stilk v myrick 1809
Held already contracted to work ship no new consideration
Exceptions to pre existing duty
Hartley v posonby 1857
Did something more
