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contract law
consideration
RULES OF CONSIDERATION
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Created by
Natania Anane
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Cards (6)
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
)