consideration

Thomas v Thomas

Before death Mr T said he wanted his wife to have house - wasnt in will - after death, executors agreed Mrs could pay £1 a year in rent - they later tried to disposses her - courts decided it was good consideration even tho £1 was not adequate

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White v Bluett

Father promised his son he would not ask for repayment of loan if son promised to stop moaning - poor consideration as son had no right to moan anyway

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Harmer v Sidway

Same as White v Bluett but nephew giving up smoking/drinking - good consideration because he has the right to do those things

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Re McArdle

McArdle carried out repairs on bungalow which had been left to her husband and siblings - they signed doc after repairs saying they'd pay her for doing it - however payment was never made - payment was not binding because past consideration not valid

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Glasbrook Bros v Glamorgan CC

Existing contractual duty - Police provided protection during miners strike - police provided additional officers than required because D asked for that many - were allowed to claim extra money because they went beyond existing duties

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Shadwell v Shadwell

Third party, exisiting contract - B in a contract to marry A - B's uncle (C) promises B an anual allowance after marriage takes place - held that there was good consideration for C's promise as he went through with the marriage

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Williams v Roffey

promise to pay more - contract had good consideration because of practical benefit - avoided penalty clause in main contract, avoid delay in finding new carpenter, complete performance worth more than a claim for damages

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Stilk v Myrik

men deserted voyage - captain promised that if they got the ship back to London he would split deserters wage - but he didnt - claimant was already under duty to get ship backv even in emergency - so no consideration for extra money

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Pinnels Case

‘Payment of a lesser sum on the day in satisfaction of a greater sum cannot be any satisfaction of the whole... but the gift of a horse, hawk, or robe etc. in satisfaction is good.' - more valuable than the money

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Foakes v Beer

a promise to accept less money in satisfaction of a debt lacks consideration

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Re Selectmove

Williams v Roffey could only apply in cases where work was done or goods supplied - extending it to debts would go agaisnt Foakes v Beer

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D & C Builders v Rees

Followed Foakes v Beer - the fact they payed by cheque made no difference to the principle that the late payment of a lesser amount was no supported by consideration

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MWB Business Exchange Centres Ltd v Rock Advertising Ltd

followed W v R - 2 practical benefits -not evicting Rock from property, they would avoid having an empty premise which could have caused further losses - & accepting instalments they would receive money immediately and would be likely to recover more

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consideration

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