consideration (contract) Flashcards
what is consideration
when one party exchange a promise of an act if another party commits and act
2 types of consideration
executory- exchange of promises for future acts
executed- you act in fulfilment of a promise by another
Re McArdle
the wife does work on the house. after the work is done mum wants children to pay the wife back. consideration before they agreed so it was in the past- not valid
acception to past consideration- lampleigh v braithwaite
L asked B to obtain pardon. said he would pay them £100. he didnt pay so they successfully sued
consideration must move to the promisee- tweddle v atkinson
both dads died beforre giving the promised money to there son and daughter. the son and daughter tried to claim the money however they werent part of the promise so not their contract
consideration need not be of fair value- chappell v nestle
selling record and 20% of the price and 3 chocolate wrappers. that was considered good consideration
ward v byham
they promised to give money if the child was well looked after. that was good consideration
white v bluett
has to have some real value
collins v godefroy
officers were asked to attend court for money. they didtn get paid. they wouldve had to be a court anyways so is no past existing duties so is not enforceable
glasbrook bros v glamorgan
extra police protection- said he would pay. this was consideration as the extra police were exceeding normal duties
stilk v myrick
normal work on the ship. isnt good consideration as it is there contracted duties
hartley v ponsonby
more work due to less ship members. good consideration as beyond there existing duties
pinnels
not good consideration to get rid of debt
Dc builders v rees
accepts £300 and not £482. there was no consideration as he was pressured
foakes v beer
F owed B £2090. he asked for it to be paid in installments and wanted interest. he won the case
