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Llb Law Year 1 Contract Law Consideration With Complete Solutions Latest Update
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Llb Law Year 1 Contract Law ConsiderationWith Complete Solutions Latest Update
Definition of Consideration - correct answers The promise must be either a deed,
or given in exchange for consideration.
What are the 3 principles of the Doctrine of Consideration? - correct answers
Consideration must not be past.
Consideration must move from the promisee
consideration must be sufficient but not need be adequate.
What does 'Consideration must not be past' mean and the what is the defining
case? - correct answers A promise that is made after the act has been performed is
generally not enforceable as it isn't supported by consideration. It isn't part of the
bargain.
Re McArdle 1951: Promisee didn't have payment in mind when she did the work,
therefore, wasn't entitled to compensation.
What is the exception to 'Consideration must not be past' and the defining cases? -
correct answers Mitigated from the Doctrine of Implied Assumpit.
Lampleigh v Braithwait 1615: The exact order of events won't be decisive if the
court is satisfied that the promise and the past action are part of the same overall
transaction.
, Pao On v Lau Ying Long: Past Consideration will be good when: the past act was
done at the promisor's request or it would've been legally enforceable if had it
been made in advance.
What does 'Consideration must move from the promisee' mean and the what is
the defining case? - correct answers A person to whom a promise is made, can
only enforce the promise if they personally provide consideration for it.
Dunlop v Selfridge 1915
What does 'Consideration must be sufficient but not need be adequate' mean and
the what is the defining cases? - correct answers Courts won't enforce a promise
unless something of value is given in return. The courts don't ask if adequate value
has been given. Some value is sufficient.
Bainbridge v Firmstone: D got what he wanted in return for his promise.
Chappell v Nestle 1960: Despite trivial economic value, wrappers were good
consideration.
What is 'Adequacy-Forbearance' and what are the defining cases? - correct
answers A promise to refrain from suing, or actual forbearance, is generally
sufficient consideration.
Cook v Wright 1861: There was good consideration. C honestly believed the claim
was good.
Wade v Simeon 1846: Forbearing to sue is an invalid claim. Cant be good
consideration.
White v Bluett 1853: Forbearance from complaining wasn't good consideration.
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