Week 4 Consideration & Intention Flashcards
1
Q
What is Consideration?
A
There is evidence that both parties had gotten something for something.
2
Q
What are the 4 types of Consideration?
A
1) Promise for a promise
2) Promise for an act
3) Act for a promise
4) Promise not to do
3
Q
What are the 5 Main Rules for Consideration?
A
1) Future not Past.
2) Must contain Value.
3) Forebearance can be Good.
4) Existing Obligation not Good.
5) Public Duties are not good.
4
Q
What are the 2 Key Presumptions of Intention?
A
1) Ps in Commercial - Binding
2) Ps to domestic, family, social / voluntary Agreements - Not Binding
5
Q
Why is it hard to prove no intention in a Standard Breach of Contract Case?
A
Because it is heavy onus on the party that denies intention.