Skip to content
Back to quiz
6. Errington v Errington
- withdrawal can be made after an acceptable lapse of time
- Unilateral offer cannot be withdrawn during performance
- withdrawal must be communicated
- communication can be made by reliable 3rd party
7. Lampleigh v Braithwaite
- performing existing duty is not good consideration
- exception where past consideration is a precursor to the full consideration
- argument between sufficiency and adequacy confirmed that that consideration only needs to be sufficient
- consideration need not be adequate but must be sufficient
8. Thomas v Thomas
- consideration need not be adequate but must be sufficient
- some interest, right or profit benefiting one party and some forbearance, detriment or loss or responsibility to the other party.
- no consideration for part payment of a debt
- argument between sufficiency and adequacy confirmed that that consideration only needs to be sufficient
9. 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
10. Balfour v balfour
- 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
- the courts are reluctant to find intention to create legal relation in a demostic setting
- there is intention to create legal relations in a commercial agreement.
11. Hyde v wrench
- acceptance by conduct
- counter offer destroys original offer
- the acceptance has no effect until it is communicated to the offeror
- a request for information is not a counter offer
12. Stilk v myrick
- performing existing duty is not good consideration
- sufficient consideration as there was a practical benefit to the promisor and the promiser suggested this in the first place
- no consideration for part payment of a debt
- consideration must move prom the promisee
13. Edwards v skyways
- there is intention to create legal relations in a commercial agreement.
- the courts are reluctant to find intention to create legal relation in a demostic setting
- where parties are not related to each other the courts are more likely to find legal relations
- no intention to create legal relations between family members
14. Stevenson v McLean
- acceptance by conduct
- silence does not amount to acceptance
- a request for information is not a counter offer
- the acceptance has no effect until it is communicated to the offeror
15. Pinnels case
- no consideration for part payment of a debt
- consideration must move prom the promisee
- performing existing duty is not good consideration
- consideration need not be adequate but must be sufficient
16. Taylor v laird
- offer must be communicated
- withdrawal can be made after an acceptable lapse of time
- communication can be made by reliable 3rd party
- Unilateral offer cannot be withdrawn during performance
17. Lens v Devonshire club
- where parties are not related to each other the courts are more likely to find legal relations
- the courts are reluctant to find intention to create legal relation in a demostic setting
- no intention to create legal relations between family members
- there is intention to create legal relations in a commercial agreement.
18. Entores v miles
- the acceptance has no effect until it is communicated to the offeror
- counter offer destroys original offer
- acceptance by conduct
- silence does not amount to acceptance
19. Chapel v nestle
- no consideration for part payment of a debt
- consideration need not be adequate but must be sufficient
- argument between sufficiency and adequacy confirmed that that consideration only needs to be sufficient
- some interest, right or profit benefiting one party and some forbearance, detriment or loss or responsibility to the other party.
20. Byrne v teinhoven
- withdrawal must be communicated
- communication can be made by reliable 3rd party
- Unilateral offer cannot be withdrawn during performance
- withdrawal can be made after an acceptable lapse of time