Consideration

• Once there’s agreement between parties there must also be consideration
• Tweddle v Atkinson (Groom put nothing in case)


  Consideration must move from the promisee meaning a party must put something into the contract in order to be able to take benefit from the contract.
• Chappell v Nestle (Chocolate wrappers)


  Consideration must be adequate meaning parties agree the value of things being exchanged is acceptable it doesn’t need to be equal.
• Re McArdle (Work on bungalow case)


  Past consideration is a promise to pay for something that has already happened it is not legally consideration of contract.
• Exceptions to past consideration

  Re Casey’s Patent - implied when he worked on patents he’d receive some payment

  Lampleigh v Braithwait - promisor made expressed request for a task so fee must’ve been implied
• Exceptions to past consideration are applicable when:

  There’s an express / implied request to preform a task

  An implied promise in the request the promisor will pay a reasonable sum for preforming the task

  The performance of the task
• Extra element required for new payment

  If promisor obtains a practical benefit and the promise wasn’t given under duress or by fraud it is enforceable (Williams v Roffey Bros - bonus payments to complete work on time).
• Preforming a pre existing duty owed to the promisor cannot be the consideration for a new contract 


  Collins v Godefroy - public duty

  Stilk v Myrick - existing contractual duty

  Promise to make payment of existing debt