Rules of consideration: Past consideration is not good consideration- cards checked

Question 1

What case outlines that past consideration is not good consideration?

Answer 1

-Re Mcardle

Question 2

What case outlines the exception for past consideration is not good consideration?

Answer 2

Lampleigh V Braithwaite

Question 3

What does past consideration is not good consideration mean?

Answer 3

-If a person has performed an act before he is made a promise by another person…
- he cannot use that as consideration given in exchange for that promise

E.g- Tom promises to pay Cindy £25 after Cindy has already found his wallet, is legally unenforceable

Question 4

Re Mcardle

Answer 4

-family home in parents will, child A made improvements to home after she did it made child B sign document promising they would pay for improvements.
-NOT enforceable- consideration past + done before promise- so could not be in return for promise.

Question 5

What is the exception to past consideration is not good consideration?

Answer 5

–if the act was performed at the promisors request and it was implied all along the goods would be paid for.

Question 6

Lampleigh V Braithwaite

Answer 6

-Braithwaite killed man- got other man to get pardon from king for him- got pardon and Braithwaite promised to pay him £100 (L).
-Courts held it as consideration as it was directly liked to earlier request and implied all along.