Consideration

Question 1

1. Def

Answer 1

Some right, interest, profit or benefit accruing to one party or some forebearance detriment, loss or responsibility given, suffered or undertaken by the other (Currie v Misa)

Question 2

2. Sufficient, but need not be adequate

Answer 2

Does not need to be of market value but nominal (T v T)

Question 3

3. Love and affection

Answer 3

Not nominal according to judges (White v Bluett). Some inconsistencies ‘happy’

Question 4

4. Must move from promisee

Answer 4

Person can’t sue or be sued under a con unless provided consideration them self (Tweedle v Atkinson)

Question 5

5. Past

Answer 5

Not good. Not valid for future pay if one side already taken place before agree made

Question 6

6. Exception to past

Answer 6

When there is an implied promise to pay for a particular task. For example, situations where there is a clear, implied prior understanding that C would probably expect some payment at the time (Re Caseys Patent)

(Lampleigh) clarified this and held it would be upheld if: at promisor’s request and the parties understand there will be some sort of reward/benefit to come

Question 7

8. Performing pre-existing duty

Answer 7

Not good for further payment. Already legally required to do, obligated under other existing con

Question 8

9. Exception to exist duty

Answer 8

Job becomes almost impossible

Question 9

10. Williams v Roffery Bros

Answer 9

Consideration for further payment if C prevents other party suffer loss or detriment

Question 10

11. Perform public duty

Answer 10

Not good

Question 11

12. Exception to public duty

Answer 11

C goes above and beyond then entitled