This is an extract of our Consideration, Part Payment Of Debt, Promissory Estoppel And Duress document, which we sell as part of our GDL Contract Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Contract Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Contract: Consideration, Part Payment of Debt, Promissory Estoppel, Duress Doctrine of Consideration
- Valid contract: agreement, ILCR/capacity, consideration.
- Definitions: consideration. Currie v Misa, [Lush J]: 'right, interest, profit, benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other'. Dunlop v Selfridge, [Dunedin LJ]: 'act of forbearance of one party, or promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable.'
- PAST CONSIDERATION. general rule: not good consideration (Eastwood v Kenyon: raising girl; Roscorla v Thomas: buying horse). exception: Pao On v Lau Yiu Long, [Ld Scarman]:
1. act performed at promisor's request (Lampleigh v Braithwait: c. intervened with king at d's request).
2. payment understood to be due (may be implied). commercial: more likely (Re Casey's Patents: manager's past service). domestic: less likely (Re McArdle: wife did repairs on h's bungalow, then promised pay ? no).
3. contract would have been legally enforceable apart from this issue (i.e. agreement, ICLR, capacity; existing contractual obligation; existing public duty obligation?).
- Consideration must move from promisee: both parties must give (Tweddle v Atkinson: fathers of bride + groom agree to give money to groom ? groom cannot enforce father-in-law's promise). but: s1 The Contract (Rights of Third Parties) Act 1999: 3rd party can enforce contract explicitly for his benefit (unless excluded).
Buy the full version of these notes or essay plans and more in our GDL Contract Law Notes.