Comsideration Evaluation Flashcards
(6 cards)
1
Q
What are the evaluation points of consideration ?
A
if ‘value’ = adequate consid. is hard
past consideration can be unfair
existing duty inconsistent
is consid. necessary?
outcomes can be unfair
2
Q
Why is it hard to decide if ‘value’ is adequate for consid.?
A
little guidance to what is ‘valid’
3
Q
What does Chappell V Nestle say about ‘valid’ consid. and why is it bad?
A
as long as the parties believed the exchange had value
avoids whether it is a fair exchange
4
Q
What did Thomas V Thomas say about ‘valid’ consid. ?
A
even if you may think the consid. is ‘inadequate’ still accepted as long as both parties think it’s sufficient
5
Q
Why is enforcement of past consideration unfair ?
A
allows D to make & break promises
unrealistic in business setting
6
Q
A
