contract law

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

1. Pinnels case

  • no consideration for part payment of a debt
  • performing existing duty is not good consideration
  • consideration need not be adequate but must be sufficient
  • consideration must move prom the promisee
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2. Lens v Devonshire club

  • the courts are reluctant to find intention to create legal relation in a demostic setting
  • no intention to create legal relations between family members
  • where parties are not related to each other the courts are more likely to find legal relations
  • there is intention to create legal relations in a commercial agreement.

3. adam v Lindsell

  • a request for information is not a counter offer
  • postal rule authority
  • posted to correct address with stamp doesn’t matter if it is lost
  • instantaneous during office hours

4. Re Mcardle

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

5. Williams v roffey

  • consideration must move prom the promisee
  • no consideration for part payment of a debt
  • sufficient consideration as there was a practical benefit to the promisor and the promiser suggested this in the first place
  • performing existing duty is not good consideration

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