Consideration cases Flashcards
Consideration is a thing of value that must be sufficient, not adequate
Chappell
Giving up something of value can be good consideration
Jones
Love and affection doesn’t have value
White
Exception to love and affection
Ward v Byham
Performance of a pre existing legal duty is not good consideration as nothing extra is being offered
Collins
Going beyond the duty can be consideration (legal)
Glasbrook
Performance of a pre existing contractual duty is not good consideration
Stilk
Something extra is being offered (contractual)
Hartley
Practical benefits (contractual)
Williams
Third party contract
Scotson
Consideration must not be given before the agreement is made
Re McArdle
If there is an implied promise this can be an exception
Lampleigh
Casey (business)
Consideration must move from the promisee for the promisee to be part of the contract
Tweddle