consideration B2

Question 1

need not be accurate but must be sufficient

Answer 1

courts not interested if it is a ‘good deal’
(thomas v thomas)
must be sufficient
(white v bluett)

Question 2

past consideration is no consideration

Answer 2

(ReMcardle)
however the exception to the rule is that it is implied Y will pay for the services (lampleigh v Braithwait)

Question 3

consideration must move from the promisee

Answer 3

cannot be done by third party
(tweddle v Atkinson)

Question 4

performing an existing duty cannot be consideration for a new promise

Answer 4

(stilk v myrick)
however if done more than expected duty (hartley v ponsoby)

Question 5

promise to accept part payment of an existing debt in place of the whole debt cannot be enforced as there is no consideration

Answer 5

(D&C builders v rees)

Question 6

rules of consideration

Answer 6

1) need not be accurate but must be sufficient
2) past consideration is no consideration
3) consideration must move from promisee
4) performing an existing duty cannot be the consideration for a new promise
5) promise to accept part payment of an existing debt in place of the whole debt cannot be enforced as there is no consideration