consideration

Question 1

what is executed consideration?

Answer 1

where an act has been carried out

Question 2

what is executory consideration?

Answer 2

where the act has not been done yet

Question 3

rules of consideration (6)

Answer 3

1. must be sufficient but need not be adequate
2. must not be in the past
3. not a pre existing duty
4. moves from the promisee
5. may be found where the contractual duties are owed to a 3rd party
6. pre-payment is not considered satisfaction of the remaining debt

Question 4

sufficient but need not be adequate

Answer 4

Chappell v Nestle - wrapper case
Thomas v Thomas - £1 rent
must be real
must be tangible
have some value in the eyes in the law

Question 5

why is promising not to do something not consideration?

Answer 5

White v Bluett
there is no economic value

Question 6

Ward v Byham

Answer 6

treat with caution
going above legal requirement goes above consideration

Question 7

consideration must not be in the past

Answer 7

Roscorla v Thomas
Re Mcardle
Lambeleigh v Braithwaite
consideration cannot be something that wasw done before money promises were made

Question 8

what is an existing duty

Answer 8

-legal/ public duty
- contractual duty

Question 9

case of pre-existing duty (legal)

Answer 9

Collins v Godfrey - was legally required to go to court so no consideration
Glasbrook bros v Glamorgan CC (1925) - there was consideration as had gone over what they were legally obliged to do

Question 10

case of pre-existing duty (contractual)

Answer 10

Stilk v Myrick - two had left so there was not a change to work
Hartley v Ponsonby - as more had left by carrying out the work they went aboube their contractual duties

Question 11

Pre-existing duties in the 20/21st centuary

Answer 11

Williams v Roffey Brothers

Question 12

case where there is existing debt

Answer 12

Re Selectmove- as the debt existed then the promise to pay back in insallemnts was not concideration.