Key Cases and Legal Principles

Question 1

Re McArdle (1951)

Answer 1

consideration must not be past

Question 2

Lampleigh v Brathwait (1615); Re Casey’s Patents (1892); Pao On v Lau you Long (1980):

Answer 2

past consideration is sufficient when it is provided at the promisor’s request and it is understood that payment will be made.

Question 3

Thomas v Thomas (1842); Chappell v Nestle (1959):

Answer 3

consideration must be sufficient but need not be adequate.

Question 4

White v Bluett (1953):

Answer 4

Consideration must be of economic value no matter how trivial that is but it cannot be of sentimental value.

Question 5

Collins v Godefroy:

Answer 5

Performing an existing public or legal duty cannot amount to consideration.

Question 6

Glasbrook Brothers v Glamorgan County Council

Answer 6

where a promise is under public or legal duty but does something which goes beyond what they are bound to do under that duty, that extra can amount to consideration.

Question 7

Stilk v Myrick

Answer 7

performance of an existing contractual duty owed to a promisor is not normally consideration.

Question 8

Hartley v Ponsonby