consideration

Question 1

what is consideration

Answer 1

means that each party must give something of value- gaining something from both sides

Question 2

what the first ‘maxims’ rule

Answer 2

consideration need not be adequate but must be sufficient

Question 3

what the second ‘maxims’ rule

Answer 3

past consideration is not good consideration

Question 4

what is the third ‘maxims’ rule

Answer 4

consideration must move from promisee

Question 5

what is the fourth ‘maxims’ rule

Answer 5

performing an existing act duty cannot be the consideration for a new contract

Question 6

what is the fourth part A ‘maxims’ rule

Answer 6

public duty

Question 7

what is the fourth part b ‘maxims’ rule

Answer 7

a duty imposed under an existing contract

Question 8

what is the fourth part c ‘maxims’ rule

Answer 8

a promise to make payment on an existing debt

Question 9

what is consideration under Curries v Misa 1875

Answer 9

“some right, interest, profit, or benefit accruing to the one party, or some for bearance, detriment, loss or responsibility given, suffered, or undertake by other”

Question 10

currie v Misa asserted what

Answer 10

“benefit gained and detriment suffered”

Question 11

what was the principle of curries v misa

Answer 11

precedent remains extremely important in the law of contract to this day

Question 12

what did currie v Misa confirm

Answer 12

a full contract will not exist unless some sort consideration has been offered in return

Question 13

what does Lord Dunedin stated about act of forbearance

Answer 13

“an act of forbearance or the promise thereof is the price for which the promise of the other is bought, and the promise this given for value is enforceable”

Question 14

consideration need an act of what

Answer 14

positive act act forbearance(not doing something)

Question 15

what are the two types of valid consideration

Answer 15

executed or executorty

Question 16

what is executed consideration

Answer 16

to describe the part of the bargain that has been performed

Question 17

what is excutorty consideration

Answer 17

part of the bargain that has not yet been performed

Question 18

what is meant by consideration must be sufficient but need not be adequate

Answer 18

as long as the consideration has some value the courts will not concern themselves with adequacy

Question 19

what was the consideration of Chappell & Co v Nestle Co Ltd 1960

Answer 19

the wrappers were part of the consideration, although they were of trivial economic value

Question 20

what was the consideration in Thomas v Thomas 1842

Answer 20

Ps promise to pay £1 and keep in good repair was sufficient considerate

Question 21

what was the consideration in White v Bluett 1853

Answer 21

the promise to stop complaining was consideration

Question 22

what is the ratio of White v Bluett 1853

Answer 22

since B had no right to complain, his forbearance of complaining was not consideration in

Question 23

what was the consideration in Ward v Byham 1956

Answer 23

father argued that the mother was under an existing duty to look after and maintain the child and therefor was not providing any consideration for the promise to make payment

Question 24

what was the ratio in Ward v Byham 1965

Answer 24

this gone beyond her existing legal duty and therefor held provided consideration entitled to payment

Question 25

what are the rules of consideration must not be past

Answer 25

-C provided for a promise must be done in relation to that promise - Must be done directly in return for the promise of the other party

Question 26

past consideration is what

Answer 26

not valid contract past means 'provided before the promise it supports was made'

Question 27

what was the past consideration in Roscorla v Thomas 1842

Answer 27

the horse was 'vicious and restive'. court held the assurance had given later... price paid was past consideration

Question 28

facts of Re Mc Ardle 1951

Answer 28

carried out certain improvements and repairs on a bungalow. "in consideration of you carrying out the repairs we agree that the executors pay you £480 from the proceeds of sale". payment never made.

Question 29

held for Re Mc Ardle 1951

Answer 29

promise to make payment came after the consideration had been performed therefore the promise to make payment was not binding. past C is not valid

Question 30

case link to exception of past consideration

Answer 30

Lampleigh v Braith Waite 1615

Question 31

what was the past consideration in Lampleigh v Braith Waite 1615

Answer 31

the consideration was proceeded by a request from D which meant the consideration was valid. D was obliged to pay C £100 implied at time of request- that payment would be made

Question 32

what is consideration must move from the promisee

Answer 32

person making the promisee must provide the consideration. agreement must have been made and the consideration provided by the parties involved

Question 33

case link to consideration must move from the promisee

Answer 33

Tweddle v Atkinson 1861

Question 34

what happened in Tweddle v Atkinson wedding groom

Answer 34

claim failed- groom was not party to the agreement and the consideration did move from him. not entitled to enforce -> no consideration given- no right to sue

Question 35

the basic of C must move from the promisee has been altered

Answer 35

contract (rights of third parties) act 1999 person who is not party to a contract can enforce the contract if they is named in the contract and gains a benefit from it

Question 36

what is meant by consideration of performing an existing duty cannot be consideration

Answer 36

consideration cannot take the form of something that they are already obligated to do, but if they is an extra element like additional benefit is required for new payment, there is consideration

Question 37

what is a public duty

Answer 37

duty imposed under a public duty, like police doing what they are required to do under their public duty

Question 38

what is a duty imposed under an existing contract

Answer 38

duty imposed under an existing contract with the promisor such as, in a contract of employment, merely doing their Job

Question 39

what is a promise to make payment of an existing debt

Answer 39

a promise to make payment of an already existing debt, like repaying a loan

Question 40

what happen in Collins v Godfrey 1831

Answer 40

Co was under a public duty to attend court due to the subpoena. where there exists an existing public duty can be used as consideration for a new promise G didnt have to pay

Question 41

what happens in Glasbrook Bros v Glamorgan county council

Answer 41

Ds argued that police were under an existing public duty to provide protection and keep peace

Question 42

held for Glasbrook Bros v Glamorgan county council

Answer 42

additional officers were required, police gone beyond their existing duty. entitled to payment