consideration Flashcards

(17 cards)

1
Q

w

what does chappell v nestle co say

A

consideration in a contract need not be adequate, but it must be sufficient.

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2
Q

what does thomas v thomas say

A

the things exchanged must have economic value, but dont need to be equal

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3
Q

what does jones v padvatton say

A

even giving up something of value (even if its not given to the other party) can be consideration

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4
Q

what does white v bluett say

A

love and affection has no economic value

OR

if someone does not have any right to complain, giving up the complaint has no value.

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5
Q

what does ward v byham say

A

Lord Denning seemingly ignored the rule from White v Bluet and allowed a contract to exist despite it being about love and affection

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6
Q

what does re mcardle say

A

Consideration cannot come BEFORE an agreement (ie offer and acceptance)

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7
Q

whats the exception to the past consideration rule

A

implied promises

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8
Q

what are the two cases for implied promises

A

lampleigh v braithwait
re caseys patents

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9
Q

what does lampleigh v braithwait say

A

There may be an implied promise before the agreement if work was requested

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10
Q

re caseys patents?

A

There may be an implied promise before an agreement in employment situations

reasonable for an employee to expect to be rewarded for their work

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11
Q

collins v godefroy?

A

Doing something already required by law is not good consideration

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12
Q

glasbrook bros v glamorgan cc?

A

Going beyond what is required by law may be good consideration for a new promise

exception for collins v godefroy

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13
Q

stilk v myrick?

A

Doing something already required by a past contract is not good consideration

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14
Q

hartley v ponsonby?

A

exception for going beyond the duty
exception for stilk v myrick
the extra danger and work meant he was going beyond his duty.

Going beyond what is required by a contract may be good consideration for a new promise

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15
Q

williams v roffey bros?

A

If performing an existing contract would provide an extra practical benefit this may be good consideration for a new promise

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16
Q

scotson v pegg?

A

Doing the same work but for two different parties can be good consideration for both parties

third party contracts (exception)

17
Q

tweddle v atkinson

A

consideration must move from the promise

Only parties in a contract (ie those who have exchanged consideration with each other) can sue/be sued under the contract