Consideration Flashcards
Currie v Misa
consideration is “some right, interest, profit or benefit accruing by one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other”
White v Bluett 1853
offer to stop nagging father if he paid off sons debts was not valid consideration as it had no economic value
Chappell & Co v Nestle Ltd 1960
“a contracting party can stipulate what consideration he chooses. A peppercorn does not cease to be good consideration if it is established that the promisee does not like pepper and will throw away the corn”
Midland Bank v Green 1981
farmer sold his home to his wife for £500 to escape repossession - valid as it did not need to be adequate
Re McArdle 1951
not valid consideration to pay for decoration work as it was completed in the past
Lampleigh v Braithwaite 1615
not past consideration as there was an implied promise of pay for the kings pardon
Collins v Godefroy 1831
obligation to act as a witness in court was not more than an existing duty
Harris v Sheffield United Football Club 1988
extension of public duty to be present at a gathering by police
Stilk v Myrick 1809
doing the work of 2 deserters was not above & beyond so were paid standard wages
Hartley v Ponsonby 1857
each sailor taking on the work of 2 men was above & beyond so had to be paid the promised wage
D&C Builders v Rees 1965
economic duress ruins the validity of a contract
Central London Property Trust v High Trees House 1947
can’t go back on a promise (promissory estoppel)
Tweddle v Atkinson 1861
could not claim for agreement to give money to husband & wife by father & father in law after death as he was not party to the contract
Williams v Roffey Bros
shows judicial flexibility to rule of existing duties as it saved time and money for them to continue without breach
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd 1951
no claim for tyres being sold at lower price than agreed as Dunlop were not party to the contract between Selfridges and Dew & Co
