Finals - Consideration & Interference with Land + Harassment + Defences Flashcards
What is consideration in contract law?
A benefit to the promisor or detriment to the promisee, exchanged to form a binding contract.
What is the rule from Currie v Misa (1875)?
Consideration is a right, interest, profit, benefit, or a forbearance, detriment, loss, or responsibility.
Is past consideration valid?
No – Re McArdle (1951): consideration must not be past.
When can past consideration be valid?
If it was done at the promisor’s request and payment was implied – Lampleigh v Braithwaite (1615).
Can consideration be sufficient but not adequate?
Yes – Thomas v Thomas (1842): value need not be equal, just legally sufficient.
Can performing an existing legal duty be good consideration?
Generally no – Collins v Godefroy (1831).
When is performing a duty valid consideration?
If it goes beyond the duty – Glasbrook Bros v Glamorgan CC (1925).
What was held in Williams v Roffey Bros (1991)?
A practical benefit can be good consideration when renegotiating existing duties.
Can part payment of a debt discharge the whole debt?
No – Foakes v Beer (1884): part payment is not good consideration.
What equitable doctrine can override the part-payment rule?
Promissory estoppel – Central London Property v High Trees House (1947).
What are the key elements of private nuisance?
Indirect interference, unlawful, substantial, and continuous interference with land use/enjoyment.
Who can sue for private nuisance?
Someone with a legal interest in the land – Hunter v Canary Wharf (1997).
What is the significance of Sedleigh-Denfield v O’Callaghan (1940)?
Occupiers can be liable for nuisances they adopt or continue.
What factors determine if interference is unreasonable?
Duration, locality, sensitivity, malice – from Sturges v Bridgman (1879).
Can planning permission authorise a nuisance?
No – Coventry v Lawrence (2014): it may affect locality, but not authorise nuisance.
What defences exist to nuisance?
Statutory authority, 20 years’ prescription, consent.
What remedies are available for nuisance?
Damages and/or injunction (partial or full).
What statute governs harassment?
Protection from Harassment Act 1997 (PHA 1997).
What does s1(1) PHA 1997 prohibit?
A course of conduct amounting to harassment, which the defendant knows or ought to know amounts to harassment.
What counts as a ‘course of conduct’?
At least two incidents – s7(3) PHA 1997.
What case confirmed harassment includes distress, anxiety, and alarm?
Majrowski v Guy’s and St Thomas’ NHS Trust (2006).
Can a business be liable for harassment?
Yes – employers can be vicariously liable (Majrowski).
What is the test for foreseeability in harassment?
Objective test – would a reasonable person think it amounts to harassment?
