"some right, interest, profit or benefit
accruing to one party or some forbearance, detriment, loss or responsibility given, suffered
or undertaken by the other"
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What is the case for consideration definition?
Currie v Misa (1875)
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Test 1
Sufficient Consideration
both parties must get value from
contract
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Test 2
No past consideration
Cant offer consideration for past service
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Test 3
Person receiving goods/service must be
be offering consideration
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Test 4
Not a pre-existing duty
If already legally required cant be
argued
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What are the 3 ways a pre-existing
duty can occur in law?
1. When there is a Public Duty to act (emergency services or police)
2. When there is duty under contract (Teacher doing their job is expected)
3. A promise to pay off debt which already exists
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Test 5
Partial Payment isn't consideration
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Test 5
What is accord and satisfaction?
Accord = Creditor offers something to end
part payment and something NOT money
Satisfaction = Both parties voluntary agree
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Test 1 (Suffient) Case
Chappell v Nestle - Wrappers from chocolate bars could be sent to D to receive a discounted CD. Sufficient consideration even though they were just wrappers as D had agreed to do this with their promotion.
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Test 2 (Mustn't be in the past) Case
UNLESS IMPLIED CONSIDERATION
Lamleigh v Braithwait (£100 for royal pardon)
important - implied
McArdle - Work done on mothers house - mother dies - repairs already happened no consideration
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Test 3 (Must come from promisee) Case
Tweedle v Atkinson
2 Fathers of young couple pay for wedding
1 Father dies w/o paying
Groom sues
No consideration because not from promisee
even though the deal was about him
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Test 4(No pre-existing duty) Case
Collins v Goodfrey
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Test 5 (Part Payment not consideration)
Foakes v Beer - D required to pay
£2000 to C paid in stages
added interest won debt only partially paid
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Other cards in this set
Card 2
Front
Currie v Misa (1875)
Back
What is the case for consideration definition?
Card 3
Front
Sufficient Consideration
both parties must get value from
contract
Back
Card 4
Front
No past consideration
Cant offer consideration for past service
Back
Card 5
Front
Person receiving goods/service must be
be offering consideration
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