consideration Flashcards
(15 cards)
what are the 6 rules for consideration?
- must be sufficient
- need not be adequate
- must have some value
- doesn’t need to be equal on each side
- must be real and tangible
6.consideration imposes an obligation to produce something
case for consideration need not be equal on each side?
Thomas v Thomas
case for consideration must be real and tangible?
Chappell v Nestle
rules for promises?
a gratuitous promise is not good consideration
principle from White v Bluett?
love, affection or emotions do not have any economic value so isn’t consideration
rule for past consideration?
past consideration is not consideration
principle from Roscorla v Thomas?
consideration cannot be provided by something that has already been done before the promise to pay was made
what are the exceptions to the rule of past consideration and cases?
- there was already an understanding/or it was implied that there would be payment
- the ‘deed’ was carried out at the promisors request - Lampleigh v Braithwaite, ReCasey’s Patents
rule with pre-existing duty?
consideration cannot be a pre-existing duty
principle from Collins v Godefroy?
performing a public duty is not consideration
principle from Glasbrook v Glamorgan?
exception to the public duty rule is if the party goes beyond what is normally required
principle from Stilk v Myrick?
performance of an existing contractual duty is not seen as having value
principle from Hartley v Ponsonby?
exception to the existing contractual duty rule is where performance goes beyond the original duty
principle from Williams v Rofey?
additional exception - contracts involving the provision of goods and services
extra point criteria for consdieration?
- where a party making a promise to pay extra receives an extra/practical benefit from the other party’s agreement and
- avoids a detriment will be considered good consideration
