Rules of consideration: Performing a pre-existing duty cannot be consideration- cards checked

Question 1

Which cases outline that performing a pre-existing duty cannot be consideration?

Answer 1

-Collins V Godefory
-Stilk V Myrick
-Glassbrook Glamorgan CC

Question 2

When is the issue of a pre- existing duty important?

Answer 2

-when employers are offering to pay employees more money.

Question 3

Collins V Godefroy?

Answer 3

-If there is a legal requirement to do something this is not consideration for a new contract but is a pre-existing duty.
-police man pay for providing evidence

Question 4

Stillk V Myrick?

Answer 4

-sailors £5 p/m- 2 drop out and the captain asked the remaining crew to do the extra work, sharing wages saved.

-Consideration failed as their contract said they would do everything they could in emergencies.
-PRE-EXISTING DUTY.

Question 5

Hartley V Ponsby

Answer 5

-crew desertions- unsafe and dangerous to continue voyage.
-going beyond the terms of a contract deemed to be good consideration

Question 6

Williams V Roffey Bros

Answer 6

-£10k to ensure work on time- 8 extra flats- owners sued.
-‘because D’s had obtained practical benefit as a result of arrangement- can be deemed good consideration’

Question 7

Glassbrook Glamorgan CC?

Answer 7

-doing extra work (staying at mine overnight) was consideration so could be paid.

Question 8

What is the exception to performing a pre-existing duty not being consideration?

Answer 8

-when they go beyond their contractual duty.

Question 9

Which cases lay out the exceptions to this rule?

Answer 9

-Hartley V Ponsby
-Williams V Roffey Bros

Question 10

Shadwell V Shadwell?

Answer 10

-consideration can be doing something for a third party.
-paying the claimant for marriage- promising to marry was consideration.