Consideration

Question 1

What are the 3 points for the structure

Answer 1

1. Consideration must be sufficient, but need not be adequate
2. Good consideration must be provided at the time of or after an argument
3. Performance of an existing legal or contractual duty is not good consideration

Question 2

Chapell v nestle co

Answer 2

Consideration must be sufficient but it need not be adequate

Question 3

Thomas v Thomas

Answer 3

The value of each party’s consideration need not be equal

Question 4

Jones v padvatton

Answer 4

Giving up something of value is valid consideration

Question 5

White v bluett

Answer 5

Consideration which has no economic value is not good consideration

Question 6

Re mcardle

Answer 6

Past consideration is not good consideration unless it’s a implied promise

Question 7

Lampligh v braithwaite

Answer 7

Past consideration is good consideration where it has been provided at the promisers request. This creates an implied promise

Question 8

Re Casey’s patents

Answer 8

Past consideration is good consideration where it has been provided in an employer/ employee setting

Question 9

Collins v Godfrey

Answer 9

Performing an existing legal duty is not good consideration

Question 10

Glasbrook bros v glamgran cc

Answer 10

Going beyond the existing legal duty is good consideration

Question 11

Stilk v myrick

Answer 11

Performing an existing legal duty is not good consideration

Question 12

Houstley v posnsoby

Answer 12

Going beyond an existing contractual duty is good consideration

Question 13

Williams v roffey bros

Answer 13

If performing an existing contractual duty provides practical benefits this is good consideration

Question 14

Scotson v pegg

Answer 14

Fulfilling an existing contractual duty owed to a 3rd party can amount to valid consideration for a new contract