A more recent version of these Consideration, Part Payment Of Debt, Promissory Estoppel And Duress notes – written by Cambridge/Bpp/College Of Law students – is available here.
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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).
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