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contract law
QUESTION 3
1
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Created by
Natania Anane
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Cards (10)
What case established that consideration must be sufficient but need not be adequate?
Chappel
v Nestle
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What types of consideration are recognized in contract law?
Executory
and
executed
, but not past
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Which case allows for past consideration if requested by the promisor?
Re
Casey’s
Patents
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Why does performing an existing obligation not constitute good consideration?
It does not provide new
value
for a promise
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What is the significance of the cases Stilk v Myrick and Hartley v Ponsonby in contract law?
They illustrate limits of existing obligations as
consideration
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Under what condition can existing obligations provide good consideration?
If there is an additional practical
benefit
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What does Pinnell’s Case state about payment of a lesser sum?
It cannot satisfy a greater sum
owed
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What happens if a lesser sum is paid before the due date?
It may be
valid consideration
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What type of consideration is valid if accepted instead of cash?
Offering something of
value
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What are the key principles regarding consideration in contract law?
Consideration must be sufficient, not adequate (
Chappel v Nestle
)
Types:
executory
,
executed
, not past (
Roscorla v Thomas
)
Existing obligations do not count unless there's a practical benefit (
Williams v Roffey Bros
)
Lesser sum payment does not satisfy greater sum (
Pinnell’s Case
)
Lesser sum paid before due date may be valid
Offering value instead of cash is valid consideration
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