Consideration Cases

Question 1

What case shows consideration and a performance of an existing duty obligation?

Answer 1

Stilk v Myrick - case where 11 shippers went from London etc 2 deserted etc. rest employees claimed for more money otherwise they wouldn’t come

Question 2

What case shows the requirement that past consideration is not good consideration?

Answer 2

Re Mcardle case - mother passed house to 4 children. daughter in law developed house etc. children refused to pay etc. DIL claimed. Claimed was refused as the act was done before the promise was made showing past consideration.

Question 3

What case shows the requirement that consideration must move from promisee?

Answer 3

Tweddle V Atkinson… William guy and John tweedle case.

Question 4

What case shows an example of an exception to past consideration?

Answer 4

Lampleigh v braithewaite [ if both parties agree on payment being made at later date it is an exception”

Question 5

What case defined consideration and explains the requirement of ‘ consideration must be sufficient not adequate’ ?

Answer 5

THOMAS V THOMAS 1842 where the husband expressly says that his wife should remain in the house after his death. The executors let her stay for £1 per year. This shows a sufficient consideration( value) and not adequacy.