Contract Law - Cases For Formation Of Contract (2)

Question 1

Consideration - Performing an existing duty is not consideration.

Answer 1

Stilk v Myrick

Question 2

Consideration - The chocolate bar wrappers were sufficient consideration for the record.

Answer 2

Chappell v Nestle Co.Ltd

Question 3

Consideration - Promise to make payment came after the work had been done, so it was past consideration and of no value.

Answer 3

Re McArdle

Question 4

Consideration - Promissory estoppel

Answer 4

Central London Property Trust Ltd v High Trees House Ltd

Question 5

Consideration - The full debt was recoverable because the agreement to accept less was made under financial pressure which would not be equitable.

Answer 5

D and C Builders v Rees

Question 6

Privity - Only those who are parties to a contract are bound by it and can benefit from it.

Answer 6

Dunlop Pneumatic Tyre Co. Ltd v Selfridge and Co. Ltd

Question 7

Privity - The strict rules of privity are sometimes avoided.

Answer 7

Jackson v Horizon Holidays Ltd

Question 8

Privity - Privity can be avoided if a second contract runs alongside the main agreement.

Answer 8

Shanklin Pier Ltd v Detel Products Ltd

Question 9

Privity - Land law, the promise ‘runs with the land’.

Answer 9

Tulk v Moxhay