1: Consideration reverse

Question 1

Consideration definition: ‘some right, interest, profit or benefit accruing to one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.’

Answer 1

Currie v Misa

Question 2

Consideration not need to be adequate

Answer 2

Thomas v Thomas

Question 3

but must be sufficient

Answer 3

Ward v Byham

Question 4

Consideration must not be past consideration

Answer 4

Roscorla v Thomas

Question 5

if the ‘past consideration’ was supplied in response to an express or implied request which carries an implication of payment, it can be consideration valid for a contract

Answer 5

Lampleigh v Braithwaite

Question 6

Consideration must move from the claimant

Answer 6

Tweddle v Atkinson

Question 7

third parties to enforce contractual terms made in their favour, which was not possible under the previous general rule that only parties to a contract could enforce its terms.

Answer 7

Contracts (Rights of Third Parties) Act 1999

Question 8

The general rule is that if a party is under an existing obligation to carry out something, they cannot use this promise as consideration for a new agreement

Answer 8

Stilk v Myrick

Question 9

• Consideration need not be adequate but it must be sufficient
• Consideration must not be past consideration
• Consideration must move from the claimant
• Performance of existing obligations: an existing duty will not amount to valid consideration
• Consideration must move from the claimant
• Performance of existing obligations: an existing duty will not amount to valid consideration

Answer 9

What are the rules of consideration?

Question 10

Pinnels case

Answer 10

Part payment doesn’t generally count as consideration