Past consideration Flashcards
What is past consideration
Past consideration that pre-dates the promise it is supposed to support. The chronogly, precludes the consideration from being given in return for the promise. The consideration is said to be bad consideration. At the point the promise is made the consideration is not linked.
What was held in Roscorla V Thomas
S promises B that in consideration of B having purchased certain goods from S, the goods are possessed of a certain quality. The promise is unenforceable. The purchase had already been accomplished at the time the promise was made
What does the case of New Zealand Shipping Co V Satterthwaite & Co Ltd say
contract between cargo owners and carrier containing exemption clause that on its wording extents to third parties; stevedores seek to enforce the exemption clause against the cargo owner. Held, collateral contract between the cargo owner and the stevedores concluded through carrier acting on its own behalf with respect to the contract of carriage and as agent to the stevedroes with respect to the collateral contract. What consideration had the stevedores provided? They performed their contract with the carrier.
