Consideration (Paper 3-Section B Topics 1-4)

Question 1

Define Consideration

Answer 1

‘Both parties must give something’ / ‘Some right, interest, profit or benefit’

Question 2

Which case defined consideration?

Answer 2

Currie v Misa

Question 3

Define Executed Consideration

Answer 3

Consideration has been carried out.

Question 4

Define Executory Consideration

Answer 4

Consideration will be performed in the future.

Question 5

Consideration must be what?

Answer 5

Real / Must exist / Sufficient

Question 6

‘Consideration must be sufficient, but not be..’ what?

Answer 6

Adequate (does not need to be of equal value)

Question 7

Give the held of: Thomas v Thomas

Answer 7

Though the amount was nominal (small), this was valid consideration.

Question 8

Give the held of: Chappel v Nestle

Answer 8

Wrappers were valid consideration as they had economic value.

Question 8

Give the held of: Chappel v Nestle

Answer 8

Wrappers were valid consideration as they had economic value.

Question 9

Give the held of: White v Bluett

Answer 9

Stopping complaining isn’t consideration, the son had to pay his debt. The fathers natural affection/love were also not valid.

Question 10

Give the held of: Ward v Byham

Answer 10

Valid consideration between the mother and father. The mother provided consideration.

Question 11

Is past consideration valid?

Answer 11

No, it has no value if it has occurred before the agreement is made.

Question 12

Give the held of: Re McArdle

Answer 12

Past consideration has no value, they money couldn’t be recovered.

Question 13

What is an exception under Past Consideration?

Answer 13

When there is an implied promise to pay (Re Casey’s Patent) or when the matter is ‘important’ (Lampleigh v Braithwaite).

Question 14

Give the held of: Re Casey’s Patent

Answer 14

It was implied from when he began the work he would receive some kind of payment, this was an exception to the rule of past consideration.

Question 15

Give the held of: Lampleigh v Braithwait

Answer 15

The matter was important; fair for Lampleigh to presume he would be paid.

Question 16

Is performing a pre-existing requirement valid consideration?

Answer 16

No

Question 17

Give the held of: Collins v Godefroy

Answer 17

If there is a pre-existing requirement for something to be done, this will not be valid consideration

Question 18

Give the held of: Stilk v Myrick

Answer 18

Acting in emergency was agreed; this was a pre-existing duty. No consideration was provided

Question 19

Give the held of: Hartley v Ponsonby

Answer 19

As there was an extra amount of work due to the reduction in crew members, this was valid consideration

Question 20

Give the held of: Williams v Roffey

Answer 20

Williams’ consideration was completing the work on time allowing Roffey to avoid the fine