introduction to consideration Flashcards

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1
Q

bilateral contract

A

consideration is provided by the exchange of promises.

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2
Q

unilateral contract

A

consideration consist of an exchange of a promise or an act.

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3
Q

Roscorla v Thomas 1842

A

R brought a horse from T for £30.
After agreement had been reached T promised R horse sound and free.
Horse was not sound.
Court had to consider whether there was an enforceable promise.

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4
Q

Exception to past consideration

A

Lampleigh v Braithwait 1615.
B had killed a man.
B requested that L get him a pardon from the king.
Afterwards B promised L £100.
B did not pay.
Held: B was liable to pay - l’s service was done at request.

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5
Q

Casey’s Patent

A

Ownership of patent right wrote to Casey: in consideration of his service as practical manager - share of patents.
Transferred letter patent to Casey.
Q: had Casey provided consideration. Held: consideration was not past - part of same transaction.

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6
Q

Adequacy of consideration

A

considerations need not be adequate.

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7
Q

Adequacy of consideration: Thomas v Thomas 1842

A

D promised to give a cottage to the claimant.
In return she promised to pay £1 per year as rent and to maintain the property in good and tenantable repair.
D was bound by their promise.
Court was not concerned with the adequacy of the consideration.

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8
Q

consideration must be sufficient

A

Must be real

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9
Q

consideration must be sufficient: White v Bluett 1853

A

D borrowed money form his father - promissory note.
D made complaints.
Father promised to discharge D from obligations, if son would stop complaining.
Court held: no consideration.

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10
Q

Public Duty

A

General rule - carrying out a public duty is imposed by the law is not sufficient for consideration.

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11
Q

public duty: Collins v Godefory 1831

A

P subpoenaed to give evidence.
D had promised payment.
P could not enforce promise.
P already under a legal duty.

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12
Q

Contractual duty owed to promisor

A

Traditional performance of an existing duty already owed to promisor does not amount to consideration.

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13
Q

Contractual duty owed to promisor: Stalk v Meyrick 1809

A
Sailors desserted. 
Captain promised to divide their wages. 
Sailors stayed. 
When home captain didn't divide eagles. 
Held: no consideration.
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14
Q

traditional exception

A

The promisee gives something more than he was obliged to under the original contract.

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15
Q

traditional exception: Williams v Roffey bros 1990

A

RB contracted to refurbish 27 flats - penalty clause.
RB subcontracted carpenter work to W.
W under-priced the job.
RB promised to pay W more money.
W completes more flats - RB would not pay all the additional money.
Court held: there was consideration for the promise to pay additional money. consideration could be found in the form of a practical benefit.

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