Consideration Flashcards

(9 cards)

1
Q

What case defines consideration

A

Currie v misa

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2
Q

What did Currie v misa define consideration as

A

Something of value such as a benefit to one party and or a loss to another this means each party must give something for an agreement to be legally binding

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3
Q

Consideration may not be adequate but sufficient cases and explanation

A

The car don’t care that it is a good or a bad bargain just that there has been one

Thomas v Thomas £1 rent was valid consideration

Chapel v Nestlé it is up to the party so agreed that the value of things being exchanged is acceptable

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4
Q

Consideration must be sufficient cases and explanation

A

The consideration must be in a farm which the courts have accepted as sufficient. This means it must have real value something tangible or recognised as having value.

Thomas V Thomas consideration was sufficient

White V bluett consideration was not sufficient as it had no real value a promise to start complaining has no value

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5
Q

Past consideration is not consideration case and explanation

A

And ask from the past is not valid consideration as seen in re mcardle

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6
Q

3 exception to past consideration with cases

A

1) the act was done at the promises request ( lampleigh v braithwate )
2) there is an implied promise to pay in business agreements (re Casey)
3) the promise would have been valid if made earlier (pa on )

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7
Q

Consideration must move from the promise explanation and case

A

If someone wants to sue someone on a contract you must have given something for example money are done something in return for what was promised you can’t enforce a promise if you gave no consideration

Tweddle V Atkinson

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8
Q

Pre-existing duties explanation and cases

A

You are already legally required to do is not consider consideration

As seen in stilck v myrick

Collins v goderfroy

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9
Q

Exceptions to pre-existing duties and cases 

A

Where a claim goals beyond what they are legally required to do this can be seen as new consideration

Hartley V ponsoby - the workers did double what they were expected

Glassbrook Bros -police did extra to protect

Ward V Byham- the mum did more by keeping the child happy and not just protected

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