RULES OF CONSIDERATION

Cards (6)

    1. CONSIDERATION MUST BE SUFFICIENT AND NEED NOT BE ADEQUATE 

    Chappel v nestle
  • 2. consideration may be executory (future) or executed (present) but not past

    (Roscorla v Thomas)
  • 3. performing an existing contractual obligation owed to the other party will not constitute good consideration to enforce a subsequent promise 

    e.g of extra payment by other party
    (Stilk v Myrick cf Hartley v Ponsonby)
  • unless there is an additional practical benefit for the other party 

    Williams v Coffey bros
  • 4. payment of a lesser sum on the due date in satisfaction of a greater sum cannot be statisfaction for the whole 

    Pinnell's case; D and C builders v Rees
  • what if a lesser sum is paid before due date
    And the offering of something of value instead of money would be valid consideration is accepted (Pinnel's case)