Consideration- cases Flashcards
Currie v Misa
Benefit or detriment
White v Bluett
Love & affection NOT good consideration
Hamer v Sidway
Giving up a legal right is a detriment and there WAS consideration in this case
Chappell v Nestle
Wrappers WERE consideration
Party free to choose their consideration –> anything
Roscorla v Thomas
Past consideration is not good consideration
Pao On v Lau Yiu Long
Past act/ promise may be good consideration if these satisfied…
3 conditions:
- Act was done at promissor’s request
- Parties understand that act was to be paid for
- Payment must have been legally enforceable had it been performed in advance
Re Casey’s Patents
- Act of C managing patents= consideration
- Work had to be reimbursed & payment= legally enforceable
- Crystalises original promise (even if it seems it was done after his work)
Collins v Godefroy
Performance of existing public duty is NOT good consideration
Glasbrook v Glamorgan CC
Exceeeding an existing public duty is good consideration
Ward v Byham
Mother HAD given consideration –> always performing her duty was good consideration but it’s a benefit to the person to whom it’s given
Edwards v Skyways
A contract IS legally binding even if the word ‘ex gratia’ used –> parties intended to be legally bound
Esso Petroleum v Commissioners of Customs and Excise
Parties intended to be legally bound –> commercial agreement
If they did not then a clear express statement will be needed (ie. “we don’t intend to be legally bound”
Rose and Frank v Crompton Bros
The clause clearly stated that the contract was NOT legally bound
Balfour v Balfour
A domestic agreement –> never intended to have legal consequences
Merritt v Merritt
They intended to be legally bound as it related to a domestic presumption
