contract law

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  • Created by: Shahjahan
  • Created on: 10-05-16 19:30

1. Lampleigh v Braithwaite

  • exception where past consideration is a precursor to the full consideration
  • performing existing duty is not good consideration
  • consideration need not be adequate but must be sufficient
  • argument between sufficiency and adequacy confirmed that that consideration only needs to be sufficient
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2. Re Mcardle

  • Consideration must not be past
  • consideration must move prom the promisee
  • exception where past consideration is a precursor to the full consideration
  • consideration need not be adequate but must be sufficient

3. Hyde v wrench

  • the acceptance has no effect until it is communicated to the offeror
  • acceptance by conduct
  • counter offer destroys original offer
  • a request for information is not a counter offer

4. Byrne v teinhoven

  • Unilateral offer cannot be withdrawn during performance
  • withdrawal can be made after an acceptable lapse of time
  • withdrawal must be communicated
  • communication can be made by reliable 3rd party

5. brinkibon v stahag stahl

  • a request for information is not a counter offer
  • instantaneous during office hours
  • silence does not amount to acceptance
  • posted to correct address with stamp doesn’t matter if it is lost

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