Consideration

Question 1

The rules of consideration:

Answer 1

1. Consideration must be sufficient but not adequate
2. Consideration must not be given in the past
3. Performance of an existing legal or contractual duty is not good consideration
4. Consideration must move from the promisee

Question 2

Chappell v Nestle Co

Answer 2

consideration must be sufficient but need not be adequate

Question 3

Thomas v Thomas

Answer 3

the promisee must promise to do something in return for the promise of the other party.

Question 4

Jones v Padvatton

Answer 4

Even if you are giving up something of value, this can count as good consideration

Question 5

White v Bluett

Answer 5

love and affection is not good consideration

Question 6

Ward v Byham

Answer 6

UNLIKELY TO BE FOLLOWED

Lord Denning case where love and affection was good consideration

Question 7

Re Mcardle

Answer 7

Consideration must not be given in the past

Question 8

Exception to the past consideration rule: Implied promises

Answer 8

Where someone implies payment will be made before the other party acts but does not formally agree to this until after they have acted

Question 9

To ways to prove an implied promise:

Answer 9

-Importance of the performance of the contract

-Commercial settings

Question 10

Lampleigh v Braithwait

Answer 10

Importance of the performance of the contract

Question 11

Re Casey’s Patents

Answer 11

Commercial settings