Formation of a contract - CONSIDERATION

Question 1

Tweedle v Atkinson

Answer 1

Must be made from promisee and must be provided by the party to whom the promise is from

Question 2

Carlil v Carbolic smoke

Answer 2

Executed consideration - Promisee under NO obligation until other party has carried out their side of the bargain

Question 3

Collins v Godefroy

Answer 3

Performing existing obligation is NOT consideration for new promise

Question 4

Stilk v Myrick

Answer 4

Performing existing obligation is NOT consideration for new promise

Question 5

Hartley v Ponsenby

Answer 5

What is given is more than could be expected from an existing duty

Question 6

Williams v Roffey

Answer 6

Party agreeing to pay more for existing duty gains benefit

Question 7

Re McArdle

Answer 7

Consideration must not be past - Consideration should follow and agreement

Question 8

Lampleigh v Braithwaite

Answer 8

If service was a request

Question 9

Dunlop v Selfridge

Answer 9

THE PRICE FOR WHICH A PROMISE IS BOUGHT

Question 10

Pinnel’s case

Answer 10

A promise to accept part payment cannot be enforced as no consideration

Question 11

Thomas v Thomas

Answer 11

CONSIDERATION NEED NOT BE ADEQUATE BUT MUST BE SUFFICIENT (parties to decide if exchange is acceptable)

Question 12

Chapell v Nestle

Answer 12

Sufficient = real and of actual value (value not easy to determine)