Consideration

Question 1

Define Consideration

Answer 1

• The price of a promise, something of value exhcnaged between the parties.
• Currie v Misa: A benefit to one party or a detriment to the other = valid consideration.

Question 2

Explain Consideration must be Sufficient but not be Adequate

Answer 2

• The law doesnt care if the deal is unfair, as long as something of legal vlaue is given

Question 3

What case shows that as long as it has value even is small

Answer 3

Thomas v Thomas - £1 rent was enough. doesnt matter if its not a “good deal.”

Question 4

What case shows that even trivial items count if real

Answer 4

Chappell v Nestlé - Chocolate wrappers were valid consideration

Question 5

What case shows that a promise not to complain is not enough

Answer 5

White v Bluett - Son’s promise not to moan had no legal value

Question 6

Explain Performing an Existing duty is not good consideration

Answer 6

Contractual Duty: If youre already cocntractually bound to do something, promising to do it again isnt new consideration
Public Duty: Doing somehting youre legally required to do (police duty) isnt good consideration

Question 7

What case shows that a promise not to sue can be valid

Answer 7

Haigh v Brooks - Settling a legal claim can count as consideration

Question 8

Which case shows that performing an existing contractual duty is not good consideration?

Answer 8

Stilk v Myrick - Sailors were promised extra pay to complete a voyage, but they were already contractually required to do so. They provided nothing new, so there was no valid consideration.

Question 9

Which case shows that going beyond an existing contractual duty is good consideration?

Answer 9

Hartley v Pronsonby - So many crew members deserted that continuing the voyage invovled extra danger and work. Sailors went beyond original duties, so their promise was good consideration

Question 10

What case shows that doing something you have a public, legal duty to do anyway isnt good consideration

Answer 10

Collins v Godefroy - Police officer promised money for attending Court, which he had to do anyway. No Contract.

Question 11

Explain Past Consideration is not good consideration

Answer 11

• If you do something before a promise is made, it cant count, unless it was done at the promisor’s request with an implied promise to pay.

Question 12

What case shows something was already done before promise was made

Answer 12

Re McArdle - Home improvements done before promise to pay = no contract. It was already completed

Question 13

What case shows an act being requested and then payment as good consideration

Answer 13

Lampleigh v Braithwaite - Man asked for help getting a pardon, then promised to pay. Act was requested = consideration valid.

Question 14

Explain Consideration Must move from the Promisee

Answer 14

• Only the person who provides consideration can enforce the contract. Third parties cant sue unless they gave something.

Question 15

What case shows a Third party Husband attempting to sue even when giving no consideration

Answer 15

Tweddle v Atkinson - Husband tried to sue based on agreeement between two fathers. He gave no consideration, so couldnt enforce the promsie.

Question 16

Explain Part Payment of Debt doesnt equal Good Consideration

Answer 16

• If someone owes a fixed sum, paying part of it doesnt satisfy the whole unless you give something extra

Question 17

Which case shows that part payment of a debt is not good consideration for cancelling the full amount

Answer 17

Foakes v Beer - Foakes owed money and agreed to pay in instalments. Mrs Beer later asked for interest. The court said he gave no extra value (no new consideration), so she could still claim the interest.

Question 18

Explain Promissory Estoppel (Exception to Consideration)

Answer 18

• If someone makes a clear promise, and the other party relies on it, it may be unfiar to let them go back on it, even without consideration

Question 19

Which case shows that promissory estoppel can stop a party from going back on a promise if it was relied on?

Answer 19

High Trees - Landlord reduce rent during WWII. Court said they were estopped from claiming full rent for war years as the tenant relied on the promise.

Question 20

Which case shows that estoppel won’t apply if the promisee acted unfairly?

Answer 20

D&C Builders v Rees - Mrs Rees owed money and pressured the builders to accept less.
The court said estoppel failed because she acted unfairly. You must come with clean hands to rely on estoppel.

Question 21

What is the Key rule for Promissory Estoppel

Answer 21

Estoppel is a shield not a sword, you use it as a defence, not to bring a claim (Hughes v MRC).