Mapa mental
Consideration

Mind map: Consideration in contract law
Contenido del mapa
Consideration
Exchange of promises
- A contract is only legally enforceable if it contains 'consideration'
- Exchange of values: essentially it refers to what one party is giving or promising, in exchange for what is being given or promised from the other side.
- A contract is only legally enforceable if it contains 'consideration'
Benefit and Detriment
- Consideration requires benefit and detriment. CURRIE V MISA
- What is provided by way of consideration should be a benefit to the person receiving it, or a detriment to the person giving it.
- Benefit to one party, or detriment to the other will be enough.
- What is provided by way of consideration should be a benefit to the person receiving it, or a detriment to the person giving it.
- Consideration requires benefit and detriment. CURRIE V MISA
Consideration is required in 2 circumstances:
- 1. Forming a contract
- 2. Where the parties seek to vary or alter an existing contact.
Consideration principles:
- 1. Consideration must be sufficient but not adequate
- 'Sufficient' - Whether what is being offered is recognised as sufficient in law.
- 'Adequate' - Something which is of equal value to the thing given in exchange.
- 2.Consideration must move from the promisee (the recipient).
- 3. Consideration may be executory or exectued, but not past.
- Consideration is said to be 'executory' when it is present in an exchange of promises and 'executed' when it is a promise in return of an act.
- 1. Consideration must be sufficient but not adequate
SHADWELL V SHADWELL
- Uncle promised P a money if he married E (already in engaged). P married, D refused to pay.
- HELD: Uncle derived a benefit from P's change of status. Consideration found.
- Uncle promised P a money if he married E (already in engaged). P married, D refused to pay.
TWEDDLE V ATKINSON
- 2 Prospective fathers in laws promised each other to give money to groom when he was married. One father-in-law refused and on death the groom sued his estate.
- HELD: groom could not sue, as he gave nothing for the promise.
- 2 Prospective fathers in laws promised each other to give money to groom when he was married. One father-in-law refused and on death the groom sued his estate.
CHAPPELL V NESTLE
- Customers sent in wrappers for tokens.
- HELD: Sending in wrappers increased sale of chocolate. Consideration found.
- Customers sent in wrappers for tokens.
Información
- Descripción
- University Contract Law Mapa Mental sobre Consideration, creado por chloe.crismani el 19/01/2014.
- Creado por
- chloe.crismani
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