Consideration

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  • Created by: K8e98
  • Created on: 15-05-17 17:46
The 'requested performance exception'
Lampleigh v Brathwait
1 of 14
Consideration must be sufficient but needs not be adequate
Thomas v Thomas
2 of 14
Performance of an existing public duty may amount to sufficient consideration if the claimant exceeds their existing public duty.
Glasbrook v Glamorgen CC
3 of 14
Past consideration is no consideration
Re McArdle
4 of 14
Performance of an existing public duty is insufficient consideration
Collins v Godefroy
5 of 14
Performance of an existing contractual duty is insufficient consideration
Stilk v Myrick
6 of 14
Performance of an existing contractual duty owed to a third party will be sufficient consideration if the promisee obtains the benefit of a direct obligation which he can enforce
The Eurymedon
7 of 14
Consideration must have some economic value
White v Bluett
8 of 14
Consideration is “some right, interest, profit or benefit accruing to one party or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other”
Currie v Misa
9 of 14
'Payment of a lesser sum on the day [it is due] in satisfaction of a greater cannot be any satisfaction for the whole . . . The payment and acceptance . . . before the day in satisfaction of the whole would be a good satisfaction . . .'
Pinnel's Case
10 of 14
The part-payment of a debt is insufficient consideration
Foakes v Beer
11 of 14
Performance of an existing contractual duty may amount to sufficient consideration if the party goes beyond their existing duty
Hartley v Ponsonby
12 of 14
Performance of an existing contractual duty may amount to sufficient consideration if the promisor confers a practical benefit or avoids a disbenefit
Williams v Roffey
13 of 14
Williams v Roffey is limited to contracts for the provision of goods and / or services and will not apply the part-payment of debt. Hence, part payment of debt is no consideration even if there is a practical benefit.
Re Selectmove
14 of 14

Other cards in this set

Card 2

Front

Consideration must be sufficient but needs not be adequate

Back

Thomas v Thomas

Card 3

Front

Performance of an existing public duty may amount to sufficient consideration if the claimant exceeds their existing public duty.

Back

Preview of the front of card 3

Card 4

Front

Past consideration is no consideration

Back

Preview of the front of card 4

Card 5

Front

Performance of an existing public duty is insufficient consideration

Back

Preview of the front of card 5
View more cards

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