Contact (SQE2)

Question 1

4 elements of consideration:

Answer 1

1. Must be sufficient (have some value)
2. Need not be adequate (fair)
3. Must move from the promisee (must come from them not someone else)
4. Must not be past (can’t use act done prior to promise to pay)

Question 2

Test for inducement - misrepresentation:

Answer 2

EITHER
1. Claimant can show that a reasonable person would be influenced AND statement maker cannot prove that it did NOT influence C

OR

2. C can prove that it was personally induced