consideration

  • Created by: Tiana H
  • Created on: 05-05-18 10:15
Thomas v Thomas
Before death Mr T said he wanted his wife to have house - wasnt in will - after death, executors agreed Mrs could pay £1 a year in rent - they later tried to disposses her - courts decided it was good consideration even tho £1 was not adequate
1 of 13
White v Bluett
Father promised his son he would not ask for repayment of loan if son promised to stop moaning - poor consideration as son had no right to moan anyway
2 of 13
Harmer v Sidway
Same as White v Bluett but nephew giving up smoking/drinking - good consideration because he has the right to do those things
3 of 13
Re McArdle
McArdle carried out repairs on bungalow which had been left to her husband and siblings - they signed doc after repairs saying they'd pay her for doing it - however payment was never made - payment was not binding because past consideration not valid
4 of 13
Glasbrook Bros v Glamorgan CC
Existing contractual duty - Police provided protection during miners strike - police provided additional officers than required because D asked for that many - were allowed to claim extra money because they went beyond existing duties
5 of 13
Shadwell v Shadwell
Third party, exisiting contract - B in a contract to marry A - B's uncle (C) promises B an anual allowance after marriage takes place - held that there was good consideration for C's promise as he went through with the marriage
6 of 13
Williams v Roffey
promise to pay more - contract had good consideration because of practical benefit - avoided penalty clause in main contract, avoid delay in finding new carpenter, complete performance worth more than a claim for damages
7 of 13
Stilk v Myrik
men deserted voyage - captain promised that if they got the ship back to London he would split deserters wage - but he didnt - claimant was already under duty to get ship backv even in emergency - so no consideration for extra money
8 of 13
Pinnels Case
‘Payment of a lesser sum on the day in satisfaction of a greater sum cannot be any satisfaction of the whole... but the gift of a horse, hawk, or robe etc. in satisfaction is good.' - more valuable than the money
9 of 13
Foakes v Beer
a promise to accept less money in satisfaction of a debt lacks consideration
10 of 13
Re Selectmove
Williams v Roffey could only apply in cases where work was done or goods supplied - extending it to debts would go agaisnt Foakes v Beer
11 of 13
D & C Builders v Rees
Followed Foakes v Beer - the fact they payed by cheque made no difference to the principle that the late payment of a lesser amount was no supported by consideration
12 of 13
MWB Business Exchange Centres Ltd v Rock Advertising Ltd
followed W v R - 2 practical benefits -not evicting Rock from property, they would avoid having an empty premise which could have caused further losses - & accepting instalments they would receive money immediately and would be likely to recover more
13 of 13

Other cards in this set

Card 2

Front

Father promised his son he would not ask for repayment of loan if son promised to stop moaning - poor consideration as son had no right to moan anyway

Back

White v Bluett

Card 3

Front

Same as White v Bluett but nephew giving up smoking/drinking - good consideration because he has the right to do those things

Back

Preview of the back of card 3

Card 4

Front

McArdle carried out repairs on bungalow which had been left to her husband and siblings - they signed doc after repairs saying they'd pay her for doing it - however payment was never made - payment was not binding because past consideration not valid

Back

Preview of the back of card 4

Card 5

Front

Existing contractual duty - Police provided protection during miners strike - police provided additional officers than required because D asked for that many - were allowed to claim extra money because they went beyond existing duties

Back

Preview of the back of card 5
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