Consideration
This lecture is on the doctrine of Consideration. Consideration in Contract Law is the principal essential ingredient of enforceability of agreements. Valuable consideration, ‘may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other’. This lecture provides a detailed breakdown of the general principles and the cases that unpin them. Each case is presented as succinct summary giving the student the citation, the facts that are important. Followed by the ratio of the case and the reason why the case interplays with the general principle. There is also commentary on how the case should be applied when giving advice.
Learning Outcomes
By the end of this lecture you will be able to:
explain what is meant by the concept of consideration;
distinguish between executory, executed and past consideration;
explain the cases on sufficiency of consideration;
recognise the development in law relating to existing duties.
Cases
Definition of consideration
Currie v Misa (1874-75) L.R. 10 Ex. 153
Consideration must be sufficient
Thomas v Thomas [1842] 2 QB 85
Chappell and Co v Nestle [1960] A.C. 87
Past Consideration
Roscorla v Thomas (1842) 3 Q.B. 234
Re McArdle [1951] Ch. 669
Exceptions to the past consideration rule
Lampleigh v Braithwait (1615) 80 E.R. 255, Common Bench
Re Casey’s Patents [1892] 1 Ch. 104
Pao On v Lau Yiu Long [1980] AC 614
Contractual duty to a third party
Scotson v Pegg (1861) 6 Hurl. & N. 295
New Zealand Shipping v Satterthwaite and Co (The Eurymedon) [1975] A.C. 154
Promisee already under a contractual duty
Stilk v Myrick (1809) 170 E.R. 1168, KB
Hartley v Ponsonby (1857) 119 E.R. 1471, QB
Williams v Roffey Bros and Nicholls [1991] 1 Q.B. 1
South Caribbean Trading Ltd v Trafigura Beheer [2004] EWHC 2676
Consideration for the variation of contractual terms
Pinnel’s Case (1602) 5 Co Rep 117a
Foakes v Beer (1884) 9 App Cas 605
Re Selectmove Ltd [1995] 1WLR 474
This lecture is on the doctrine of Consideration. Consideration in Contract Law is the principal essential ingredient of enforceability of agreements. Valuable consideration, ‘may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other’. This lecture provides a detailed breakdown of the general principles and the cases that unpin them. Each case is presented as succinct summary giving the student the citation, the facts that are important. Followed by the ratio of the case and the reason why the case interplays with the general principle. There is also commentary on how the case should be applied when giving advice.
Learning Outcomes
By the end of this lecture you will be able to:
explain what is meant by the concept of consideration;
distinguish between executory, executed and past consideration;
explain the cases on sufficiency of consideration;
recognise the development in law relating to existing duties.
Cases
Definition of consideration
Currie v Misa (1874-75) L.R. 10 Ex. 153
Consideration must be sufficient
Thomas v Thomas [1842] 2 QB 85
Chappell and Co v Nestle [1960] A.C. 87
Past Consideration
Roscorla v Thomas (1842) 3 Q.B. 234
Re McArdle [1951] Ch. 669
Exceptions to the past consideration rule
Lampleigh v Braithwait (1615) 80 E.R. 255, Common Bench
Re Casey’s Patents [1892] 1 Ch. 104
Pao On v Lau Yiu Long [1980] AC 614
Contractual duty to a third party
Scotson v Pegg (1861) 6 Hurl. & N. 295
New Zealand Shipping v Satterthwaite and Co (The Eurymedon) [1975] A.C. 154
Promisee already under a contractual duty
Stilk v Myrick (1809) 170 E.R. 1168, KB
Hartley v Ponsonby (1857) 119 E.R. 1471, QB
Williams v Roffey Bros and Nicholls [1991] 1 Q.B. 1
South Caribbean Trading Ltd v Trafigura Beheer [2004] EWHC 2676
Consideration for the variation of contractual terms
Pinnel’s Case (1602) 5 Co Rep 117a
Foakes v Beer (1884) 9 App Cas 605
Re Selectmove Ltd [1995] 1WLR 474
This lecture is on the doctrine of Consideration. Consideration in Contract Law is the principal essential ingredient of enforceability of agreements. Valuable consideration, ‘may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other’. This lecture provides a detailed breakdown of the general principles and the cases that unpin them. Each case is presented as succinct summary giving the student the citation, the facts that are important. Followed by the ratio of the case and the reason why the case interplays with the general principle. There is also commentary on how the case should be applied when giving advice.
Learning Outcomes
By the end of this lecture you will be able to:
explain what is meant by the concept of consideration;
distinguish between executory, executed and past consideration;
explain the cases on sufficiency of consideration;
recognise the development in law relating to existing duties.
Cases
Definition of consideration
Currie v Misa (1874-75) L.R. 10 Ex. 153
Consideration must be sufficient
Thomas v Thomas [1842] 2 QB 85
Chappell and Co v Nestle [1960] A.C. 87
Past Consideration
Roscorla v Thomas (1842) 3 Q.B. 234
Re McArdle [1951] Ch. 669
Exceptions to the past consideration rule
Lampleigh v Braithwait (1615) 80 E.R. 255, Common Bench
Re Casey’s Patents [1892] 1 Ch. 104
Pao On v Lau Yiu Long [1980] AC 614
Contractual duty to a third party
Scotson v Pegg (1861) 6 Hurl. & N. 295
New Zealand Shipping v Satterthwaite and Co (The Eurymedon) [1975] A.C. 154
Promisee already under a contractual duty
Stilk v Myrick (1809) 170 E.R. 1168, KB
Hartley v Ponsonby (1857) 119 E.R. 1471, QB
Williams v Roffey Bros and Nicholls [1991] 1 Q.B. 1
South Caribbean Trading Ltd v Trafigura Beheer [2004] EWHC 2676
Consideration for the variation of contractual terms
Pinnel’s Case (1602) 5 Co Rep 117a
Foakes v Beer (1884) 9 App Cas 605
Re Selectmove Ltd [1995] 1WLR 474