Formation: Consideration Flashcards
What is consideration as established in Currie v Misa?
Both parties must give something to the other by way of exchange
What did Chappel v Nestle establish?
Consideration must be sufficient not adequate
What did White v Bluet add?
Consideration must be tangible Promise to not do something isn't tangible
What did Ward v Bytham add?
Promise to do something is tangible
What did Re McArdle establish?
Consideration must be present/future not past
What did Lampleigh v Braithwaite add?
When it's implied work will be paid for
What was established in Tweddle v Atkinson?
Consideration must move from promisee
What was established in Collins v Godfrey?
Performing an existing duty is not good consideration
What did Stilk v Myrick add?
Doing as expected under existing contract is not good consideration
What exception was seen in Huntley v Ponsonby?
Good consideration if went above and beyond existing duty
What did Glasbrook Bros v Glamorgan CC add?
Police did more than they normally would've (more men)
What did Williams v Roffey Bros establish?
Good consideration if promise confers a benefit to the promisor
What was established in Pinnels case?
Part payment of existing debt is not good consideration
What did Foakes v Beer state?
Part payment of debt doesn't satisfy debt as a whole
What exception is there to part payment of a debt?
If there is accord and satisfaction from the payment