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21 Cards in this Set
- Front
- Back
Bolton v Madden |
In a bilateral contract, consideration must flow from the promisee; however this can be conferred upon a 3rd Party if so agreed |
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Currie v Misa |
Valuable consideration may consist either a right/benefit accruing to one party or some detriment/loss undertaken by the other |
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White v Bluett |
'refraining from complaining' was not valid consideration to discharge him from a promissory note for money |
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Hamer v Sidway (USA) |
Promise to stop drinking and smocking was tangible enough to be consideration through forbearance |
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Wade v Simeon |
If you know your claim is bad, forbearing your right to bring legal action is not consideration because you're not giving anything up |
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Arrale v Costain Civil Engineering |
It is not consideration to refrain from a course of conduct which one never intended to pursue |
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Cook v White |
An honest belief in a strong claim can be consideration if you forbear that right |
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Roscorla v Thomas |
The promise of the horse being 'sound' came after the transaction so cannot be valid consideration |
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Re McArdle |
Past consideration is not valid consideration; she already paid for the work before the promise of money so couldn't enforce it |
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Lampeigh v Braithwaite |
Exception to the rule for past consideration; if the act is one you'd expect to be paid for then there may be an implied promise to be paid after the event |
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Pao On v Lau Yui Long |
Past consideration is only valid if: a) promisor requested it b) it was understood that it was to be remunerated |
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Thomas v Thomas |
Consideration need only be sufficient, but not adequate This is to encourage market individualism and to respect freedom of contract |
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Chappell v Nestle |
Courts do not question whether value is adequate or consider fairness so long as there is no duress |
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Stilk v Myrick |
Promise to divide deserted wages was no consideration because sailors were only doing what they were already contractually obliged to do; there was no consideration |
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Hartley v Ponsonby |
Offering sailors more money to stay was consideration because so many deserted that they were having to do more than what they were originally contracted to do |
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NZ Shipping v Satterthwaite |
stevedores provided consideration for the promise by unloading the drill with care; this was additional consideration on top of their contractual liability |
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Collins v Godefrey |
A promise to do something you are legally bound to do is not consideration |
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Shadwell v Shadwell |
A pre-existing duty with a third party can amount to consideration because it involves the promisee taking on a risk of breaching 2 contracts |
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Foakes v Beer |
Part payment of debt is not consideraiton; despite the factual benefit to the promisor |
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Williams v Roffey Brothers |
Since the doctrine of economic duress, consideration can be found where there is a factual benefit to the promisor, or an avoidance of a desbenefit |
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Combe v Combe |
The wife had given no consideration because her husband had not asked her to refrain from taking legal action; 'a gratuitous promise cannot be enforced unless it is supported by a deed' |