Consideration Flashcards
Deeds
- Signed
- Witnessed by third party
- Activates by delivery
The consideration requires both sides of an agreement to bring…
Why?
…Something to the bargain
This prevents X from binding them self on impulse
Reflect general assumption that you get nothing for free in the marketplace
Dunlop Pneumatic tyre co V selfridges
“The promise this given for value is enforceable”
Consideration need not be adequate but it must be SUFFICIENT
Courts are concerned with the. Mutuality of consideration
Courts do not enquire as to whether it is adequate
Thomas V Thomas
£1 rent was recognised as a good consideration
(Despite not economically adequate)
“motive is not the same thing as consideration “
White the Bluett
Court held that there was no consideration in the sons promise not to complain (had no economic value) so he had to pay the debt back.
Chappell V nestle
How old that the wrappers (although of trivial economic value and ultimately thrown away by Nestlé) were part of the consideration