Podcast
Questions and Answers
What is the first step in producing a good answer in a contractual modification scenario?
What is the first step in producing a good answer in a contractual modification scenario?
- Creating a clear structure for the answer
- Determining the practical benefit of the modification
- Explaining the doctrine of promissory estoppel
- Identifying the correct area of law to discuss (correct)
Which of the following doctrines is relevant in a contractual modification scenario?
Which of the following doctrines is relevant in a contractual modification scenario?
- Economic duress
- Promissory estoppel
- Doctrine of consideration
- All of the above (correct)
What is the importance of clear expression in a contractual modification answer?
What is the importance of clear expression in a contractual modification answer?
- To demonstrate a deep knowledge of legal principles
- To ensure the examiner rewards the answer (correct)
- To show the steps taken to solve the problem
- To confuse the examiner
What is the best approach to answering a contractual modification problem involving multiple contracts?
What is the best approach to answering a contractual modification problem involving multiple contracts?
What is required to have a good knowledge of the doctrines of consideration in contractual modifications?
What is required to have a good knowledge of the doctrines of consideration in contractual modifications?
What is the primary concern of the courts in the doctrine of promissory estoppel?
What is the primary concern of the courts in the doctrine of promissory estoppel?
What is the main distinction between present and past consideration?
What is the main distinction between present and past consideration?
What are the three basic requirements for a contract?
What are the three basic requirements for a contract?
What is the definition of consideration in the context of contract law?
What is the definition of consideration in the context of contract law?
What is the purpose of the doctrine of promissory estoppel in contract law?
What is the purpose of the doctrine of promissory estoppel in contract law?
What was a common issue with many answers related to contract modification?
What was a common issue with many answers related to contract modification?
What did stronger answers identify at the initial point?
What did stronger answers identify at the initial point?
What is a key aspect of promissory estoppel in the context of contractual modifications?
What is a key aspect of promissory estoppel in the context of contractual modifications?
What is a consequence of establishing economic duress in a contractual modification?
What is a consequence of establishing economic duress in a contractual modification?
What did particularly good answers feature in the context of promissory estoppel?
What did particularly good answers feature in the context of promissory estoppel?
What is a common mistake made by students when discussing promissory estoppel?
What is a common mistake made by students when discussing promissory estoppel?
What is the significance of the Postchaser case in relation to promissory estoppel?
What is the significance of the Postchaser case in relation to promissory estoppel?
Why is it important to reference decided cases when discussing promissory estoppel?
Why is it important to reference decided cases when discussing promissory estoppel?
What is the challenge involved in problem-type questions on promissory estoppel?
What is the challenge involved in problem-type questions on promissory estoppel?
What is the consequence of not correctly identifying the area of law in a problem-type question?
What is the consequence of not correctly identifying the area of law in a problem-type question?
What can be inferred about the element of consideration in the definition of consideration?
What can be inferred about the element of consideration in the definition of consideration?
Why might the pupil in the scenario have argued that she was providing consideration?
Why might the pupil in the scenario have argued that she was providing consideration?
What is the main issue in the third situation of existing obligations as good consideration?
What is the main issue in the third situation of existing obligations as good consideration?
In what situation would a promise of payment not generally be enforceable?
In what situation would a promise of payment not generally be enforceable?
What is the primary concern in the context of existing obligations as good consideration?
What is the primary concern in the context of existing obligations as good consideration?
What was the reason the Supreme Court did not review the changes to the doctrine of consideration in Williams v Roffey?
What was the reason the Supreme Court did not review the changes to the doctrine of consideration in Williams v Roffey?
Why did Lord Sumption consider the consideration issue to be 'difficult' and important?
Why did Lord Sumption consider the consideration issue to be 'difficult' and important?
What is the significance of the use of an enlarged bench in certain cases?
What is the significance of the use of an enlarged bench in certain cases?
What principle was accepted by the Supreme Court in the MWB case?
What principle was accepted by the Supreme Court in the MWB case?
What was the consequence of the Court of Appeal's decision in NHS Commissioning Board v Vasant EWCA Civ 1245?
What was the consequence of the Court of Appeal's decision in NHS Commissioning Board v Vasant EWCA Civ 1245?
Why do the courts refuse to interfere in cases of allegedly bad bargains?
Why do the courts refuse to interfere in cases of allegedly bad bargains?
What is the reasoning behind the decision in Chappell v Nestlé?
What is the reasoning behind the decision in Chappell v Nestlé?
What is the problem with the consideration in White v Bluett (1853)?
What is the problem with the consideration in White v Bluett (1853)?
What does Denning LJ find as consideration in Ward v Byham (1956)?
What does Denning LJ find as consideration in Ward v Byham (1956)?
What concern arises when considering the mother's promise in Ward v Byham (1956)?
What concern arises when considering the mother's promise in Ward v Byham (1956)?
Why does the court not interfere in cases of allegedly bad bargains?
Why does the court not interfere in cases of allegedly bad bargains?
What is the potential problem with the consideration in Chappell v Nestlé?
What is the potential problem with the consideration in Chappell v Nestlé?
What is the implication of the decision in Chappell v Nestlé?
What is the implication of the decision in Chappell v Nestlé?
What is the significance of the mother's promise in Ward v Byham (1956)?
What is the significance of the mother's promise in Ward v Byham (1956)?
What is the key issue in determining the adequacy of consideration?
What is the key issue in determining the adequacy of consideration?
Study Notes
Common Errors in Contract Modification
- Failing to identify the correct area of law to discuss (contract modification)
- Not correctly applying the legal principles to the facts of the scenario
- Providing an over-general account of the relevant legal principles without elaborating or referencing decided cases
- Not demonstrating a clear structure for the answer
Key Factors for a Good Answer
- Identifying the correct area of law to discuss (contract modification)
- Clear expression of difficult concepts (e.g. practical benefit)
- Creating a clear structure for the answer
- Demonstrating a deep knowledge of the relevant legal principles (consideration, promissory estoppel, economic duress)
- Ability to apply legal knowledge to the facts of the scenario
Consideration in Contract Modification
- Definition: A valuable consideration in the sense of the law may consist of either a benefit to one party or a detriment to the other
- Requirements: Agreement, consideration, and intention to create legal relations
- Types of consideration: Present and past consideration
- Importance of consideration in contract modification: Williams v Roffey, MWB v Rock, Pakistan Airlines
Promissory Estoppel
- Definition: A doctrine that makes a promise legally binding without consideration
- Requirements: Reliance, consideration, and intention to create legal relations
- Cases: Postchaser, Ward v Byham
- Importance of promissory estoppel in contract modification: Protecting the reasonable reliance of the party who has relied upon the promise
Economic Duress
- Definition: A doctrine that makes a contract voidable if one party is forced to enter into it due to economic pressure
- Requirements: Economic pressure, lack of free will, and intention to create legal relations
- Cases: MWB v Rock, Pakistan Airlines
- Importance of economic duress in contract modification: Rendering the contract voidable
Existing Obligations as Good Consideration
- Three types of existing obligations:
- Obligations that arise under the law, independently of any contract
- Obligations that are owed under a contract with a third party
- Obligations to perform an existing obligation under a contract to the same contracting party
- Examples: Public official agreeing to carry out duties in return for a promise of payment, variation of existing contractual obligations
Case Law
- Williams v Roffey: Consideration and practical benefit
- MWB v Rock: Consideration and economic duress
- Pakistan Airlines: Economic duress
- Postchaser: Promissory estoppel and reliance
- Ward v Byham: Consideration and economic value
- Chappell v Nestlé: Consideration and economic value
- NHS Commissioning Board v Vasant: Enforcing contract terms intended to regulate how the contract can be amended
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge of contract law, specifically the modification of contractual relations. Identify the correct area of law and apply the doctrine of consideration to the given scenario.
