consideration
- Created by: Lauren Grace Hemingway
- Created on: 04-01-15 17:09
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- CONSIDERA-TION
- must not be too vague
- WHITE V BLUETT - a promise to stop complaining is too vague / intangible to be good consideration
- performing an existing duty
- duty under a contract
- under law of the land
- must be sufficient, need not be adequate
- THOMAS V THOMAS - paying less than the market rent is sufficient
- BAINBRIDGE V FIRMSTONE - being entitled to have boilers returned in good condition / weighing boilers was good consideration
- CHAPPELL V NESTLE - chocolate bar wrappers good consideration even though no intrinsic value
- part payment of a debt
- must move from the promisee
- TWEDDLE V ATKINSON - a third party who does not provide consideration cannot enforce an agreement
- Contract (rights of third parties) Act (1999) - TP providing no consideration can enforce if contract intended to benefit him
- forbearance to sue
- HAIGH V BROOKES - giving up the right to sue is good consideration if claim had some chance of success and person intended to enforce it
- Definition
- DUNLOP V SELFRIDGE - any act or forbearance
- CURRIE V MISA - benefit / detriment
- PROMISSORY ESTOPPEL
- past consideration
- ROSCORLA V THOMAS - consideration cannot be past - it must be exchanged for the other person's promise
- RE MCARDLE - as per roscorla
- ROSCORLA V THOMAS - consideration cannot be past - it must be exchanged for the other person's promise
- exception to rule of past consideration
- LAMPLEIGH - where payment is implied all along, past consideration is valid, as payment always in minds of parties and later promise just sets level of payment
- RE CASEY - as per Lampleigh
- LAMPLEIGH - where payment is implied all along, past consideration is valid, as payment always in minds of parties and later promise just sets level of payment
- must not be too vague
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