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Questions and Answers
What did the court hold in White v Bluett (1853) regarding Bluett's promise?
What did the court hold in White v Bluett (1853) regarding Bluett's promise?
- It constituted a legal duty.
- It had no relation to the father.
- It was too vague and insufficient for consideration. (correct)
- It was enforceable due to clear consideration.
In Hamer v Sidway (1892), the promise was held unenforceable.
In Hamer v Sidway (1892), the promise was held unenforceable.
False (B)
What constituted good consideration in the case of Hamer v Sidway?
What constituted good consideration in the case of Hamer v Sidway?
Detriment suffered by the nephew.
A promise to give remuneration for loss of time in Collins v Godefroy is considered a promise without __________.
A promise to give remuneration for loss of time in Collins v Godefroy is considered a promise without __________.
What was the significance of the ruling in Collins v Godefroy?
What was the significance of the ruling in Collins v Godefroy?
The promise in Hamer v Sidway involved a legal obligation.
The promise in Hamer v Sidway involved a legal obligation.
In White v Bluett, the promise was described as 'too __________'.
In White v Bluett, the promise was described as 'too __________'.
Match the following cases with their outcomes regarding consideration:
Match the following cases with their outcomes regarding consideration:
What was the primary legal principle established in the case of Glassbrook Bros Ltd v Glamorgan City Council?
What was the primary legal principle established in the case of Glassbrook Bros Ltd v Glamorgan City Council?
In Stilk v Myrick, the remaining crew members were considered to have done more than their contractual duty.
In Stilk v Myrick, the remaining crew members were considered to have done more than their contractual duty.
What was the nature of the additional responsibilities undertaken by the police in the case of Glassbrook Bros Ltd v Glamorgan City Council?
What was the nature of the additional responsibilities undertaken by the police in the case of Glassbrook Bros Ltd v Glamorgan City Council?
The decision in Stilk v Myrick concluded that there was no existing __________ for the captain's promise.
The decision in Stilk v Myrick concluded that there was no existing __________ for the captain's promise.
Match the cases to their corresponding legal principles:
Match the cases to their corresponding legal principles:
What is required for consideration to be enforceable?
What is required for consideration to be enforceable?
Consideration must move from the promisor in order for a promise to be enforceable.
Consideration must move from the promisor in order for a promise to be enforceable.
In the case of Tweedle v Atkinson, why could Tweedle not enforce the contract?
In the case of Tweedle v Atkinson, why could Tweedle not enforce the contract?
An act done at the ________ request can sometimes be consideration for a promise.
An act done at the ________ request can sometimes be consideration for a promise.
Match the legal cases with their significance regarding consideration:
Match the legal cases with their significance regarding consideration:
Which statement is true regarding the relationship between act and consideration?
Which statement is true regarding the relationship between act and consideration?
Consideration must always be adequate to be valid.
Consideration must always be adequate to be valid.
What is meant by 'sufficient consideration'?
What is meant by 'sufficient consideration'?
What is the primary rule established by Pinnel's Case?
What is the primary rule established by Pinnel's Case?
A promise to forbear from suing can constitute sufficient consideration.
A promise to forbear from suing can constitute sufficient consideration.
In what year was Foakes v Beer decided?
In what year was Foakes v Beer decided?
Under certain circumstances, partial payment may consist of valuable consideration, as long as it was made at the request of the ______.
Under certain circumstances, partial payment may consist of valuable consideration, as long as it was made at the request of the ______.
Match the following cases with their key principles:
Match the following cases with their key principles:
Which of the following statements about the case of Foakes v Beer is true?
Which of the following statements about the case of Foakes v Beer is true?
Forbearance to sue is always valid consideration in all legal agreements.
Forbearance to sue is always valid consideration in all legal agreements.
What type of consideration does a promise to forbear from suing represent?
What type of consideration does a promise to forbear from suing represent?
What must a claimant have to support a legal action?
What must a claimant have to support a legal action?
The Eurymedon case established that performing an existing contractual duty to a third party can constitute good consideration.
The Eurymedon case established that performing an existing contractual duty to a third party can constitute good consideration.
What does 'composite agreements' refer to in the context of debt collection?
What does 'composite agreements' refer to in the context of debt collection?
A reasonable legal action must not be ________.
A reasonable legal action must not be ________.
Match the case with its significance:
Match the case with its significance:
In the context of legal action, which factor is crucial for the validity of a claim?
In the context of legal action, which factor is crucial for the validity of a claim?
In legal terms, consideration can only exist if there is an exchange of tangible goods.
In legal terms, consideration can only exist if there is an exchange of tangible goods.
What is an example of good consideration according to legal principles?
What is an example of good consideration according to legal principles?
Study Notes
Exception to Past Consideration
- Past consideration can be treated as executed consideration, making it valid.
- Acts performed at the request of the promisor can form good consideration if both parties imply a reward for performance.
- If actual promises are made prior to consideration by the promisee, they must be enforceable.
Key Cases in Consideration
- Pao On v Lau Yiu Long (1980): Essential components of consideration include a request by the promisor, mutual understanding of remuneration, and enforceability of the promised benefit.
- Tweedle v Atkinson (1861): A non-party to a contract can neither enforce it nor provide consideration; consideration must flow from the promisee.
Rules on Consideration
- Must originate from the promisee, but does not have to go to the promisor.
- A party can only enforce a promise if they provide consideration associated with it.
- Consideration need not be adequate, but must be sufficient and not vague or insubstantial.
Notable Cases on Insufficient Consideration
- White v Bluett (1853): A promise to not bore someone was deemed too vague and insufficient as consideration.
- Hamer v Sidway (1892): The nephew’s detriment was valid consideration for the promise made to him.
Performance and Duty
- Collins v Godefroy (1831): A promise of compensation for legal duty performance (e.g. subpoena attendance) does not hold if acting under public obligation.
- If doing more than legally required can constitute sufficient consideration, as seen in Glassbrook Bros Ltd v Glamorgan City Council (1925) where police provided extra services.
Existing Contractual Duties
- Stilk v Myrick (1809): No new consideration arises if crew members fulfill existing duties without any extras, ruling out their claim to additional payments.
Partial Payment of Debt
- Pinnel’s Case (1602): Part payment doesn’t discharge the debt unless it was requested by the creditor with differing terms.
- Foakes v Beer (1884): The ruling reaffirmed that a debtor’s promise not to take further action lacks consideration.
Forbearance as Consideration
- Promises to refrain from suing or claiming can constitute sufficient consideration, confirmed in cases like Alliance Bank Ltd v Broom (1864).
Performance of Existing Contracts
- Performance of existing obligations to a third party can serve as valid consideration, exemplified in The Eurymedon (1975) which upheld that unloading duties constituted sufficient consideration for a separate contract.
Composite Agreements
- In debtor-creditor scenarios, collective agreements to accept a smaller sum as full settlement can be considered valid and enforceable agreements.
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Description
Explore the principles of contract law with a focus on past and executed consideration. Understand the elements that define good consideration, including the promises made and the implications of actions taken at the promisor's request. Test your knowledge on these essential legal concepts.
