Consideration Flashcards
Eastwood v Kenyon
Past consideration is no consideration
Chappell and Co v Nestle
Consideration need not be adequate; does not have to be a ‘good deal’ just must be in sufficient interest of both parties
Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd
Consideration is the “price of the promise”
Lampleigh v Braithwaite
Rule on past consideration changes where there has been requested performance
(i.e. an implied promise that something will follow)
Combe v Combe
Consideration needs to be what is requested
Collins v Godefroy
performance of pre-existing public duty is no consideration
Shadwell v Shadwell
Pre existing contractual duty owed to a third party can be good consideration
Glasbrook Bros Ltd v Glamorgan County Council
Good consideration if A does more than his pre-existing public duty
Thomas v Thomas
Consideration must be something of value in the eyes of the law
Stilk v Myrick
Insufficient consideration for pre-existing contractual duty
Williams v Roffey Bros
Pre-exitsing contractual duty can amount to good consideration when B obtains a benefit and is under no duress
Pinells case
Part payment of debt = no consideration
Foakes v Beer
Can only accept less that the full payment (of debt) when something is given alongside. If not, then the debt still runs
What is consideration?
The exchange of one thing of value for another
What is promissory estoppel?
the legal principle that a promise is enforceable by law, even if made without formal consideration, when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment.
