Consideration Cases Flashcards
What case shows consideration and a performance of an existing duty obligation?
Stilk v Myrick - case where 11 shippers went from London etc 2 deserted etc. rest employees claimed for more money otherwise they wouldn’t come
What case shows the requirement that past consideration is not good consideration?
Re Mcardle case - mother passed house to 4 children. daughter in law developed house etc. children refused to pay etc. DIL claimed. Claimed was refused as the act was done before the promise was made showing past consideration.
What case shows the requirement that consideration must move from promisee?
Tweddle V Atkinson… William guy and John tweedle case.
What case shows an example of an exception to past consideration?
Lampleigh v braithewaite [ if both parties agree on payment being made at later date it is an exception”
What case defined consideration and explains the requirement of ‘ consideration must be sufficient not adequate’ ?
THOMAS V THOMAS 1842 where the husband expressly says that his wife should remain in the house after his death. The executors let her stay for £1 per year. This shows a sufficient consideration( value) and not adequacy.
