Consideration & Promissory Estoppel

El-Ruth Harmony
Flashcards by , created over 3 years ago

Flashcards on Consideration & Promissory Estoppel, created by El-Ruth Harmony on 05/11/2016.

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El-Ruth Harmony
Created by El-Ruth Harmony over 3 years ago
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Question Answer
What is the definition of consideration? benefit accrued and loss suffered (Curie v Misa)
What are the three rules of consideration? 1. Consideration must move past the promise 2. Consideration must not be past 3. Consideration must be sufficient and need not be adequate
Tweddle v Atkinson Consideration must move past the promisee. (Even though Tweddle was named in the agreement, he had not given any consideration for the agreement)
What are the three types of consideration? - Executory - Executed - Past
What is executory consideration? When promises are exchanged to perform acts in the future. (for example, paying on delivery)
What is executed consideration? Where one party performs an act in order to fulfil a promise made my another (for example, 'reward' contracts)
Re McArdle Past consideration (son's wife paid for repairs, mother promised to pay her back, promise was not enforceable)
Which case gives the exception to the general rule that consideration must not be past? Lampleigh v Braightwaite
Thomas v Thomas Consideration must be sufficient but need not be adequate. (The payment of a 'peppercorn' rent was sufficient)
What are the three things that consideration must be to be sufficient? - Real - Tangible - Valuable
White v Bluett The promise not to complain is insufficiently tangible to amount to good consideration
Chappell v Nestle Wrappers were held to be part of the consideration, even though they were thrown away when received. A peppercorn does not cease to be good consideration if it is established that the promisee does not like pepper.
Which two cases involve performance of an existing duty? - Collins v Godefroy - Stilk v Myrick
Collins v Godefroy Promise to pay was unenforceable because the police already had a legal duty to act.
Stilk v Myrick No consideration by the sailors in return for the captain's promise
What are the 3 exceptions to the rule that performance of an existing duty is not good consideration? - where a public duty is exceeded - where a contractual duty is exceeded - where there is an existing contractual duty owed to a third party - where the rule in Williams v Roffey applies
Which case states that performance of an existing duty is good consideration when they are exceeding an existing public duty? Glass Brook Bros v Glamorgan County Council
What case states that performance of an existing duty is good consideration when they are exceeding an existing contractual duty? Hartley v Ponsonby
Glassbrook Bros v Glamorgan County Council? - Miners asked for extra protection from police and promised to pay then refused to pay after they received protection - Promise was enforceable, the police had exceeded their existing public duty.
Hartley v Ponsonby - Similar to Stilk v Myrick (9 out of 11 remained), this case only 19 out of 36 remained. The voyage was more dangerous. - By the sailors sailing in more dangerous conditions, they exceeded their existing contractual duty.
Lampleigh v Braithwaite - Exception to the past consideration rule - Braithwaite killed another man and asked Lampleigh to secure a pardon for £100
What case states that performance of an existing duty is good consideration when they are exceeding an existing contractual duty owed to a third party? Scotson v Pegg
What is the most recent 'refinement and limitation' to the rule in Stilk v Myrick?? Williams v Roffey Bros
Scotson v Pegg - Performance of an existing duty owed to a third party - Delivery of coal was good consideration to be paid
Which case provides us with the basic common law rule relating to part payment of a debt? Pinnel's Case
Which case provides us with the basic common law rule relating to part payment of debt? Pinnel's Case
Which case shows the general rule on part payment of a debt operating harshly? Foakes v Beer
Pinnel's Case - Part payment of a debt - Payment payment of the whole sum at a later day.
3 situations where a payment of a less sum may discharge the full debt? - If payment is made before it is due (Pinnel's case) - If payment is made by different means - If payment is in a different place to that originally specified
Foakes v Beer - Rule in Pinnel's Case operating harshly - Beer tried to force Foakes to pay interest, even though Foakes relied on his promise to not take any further action. - Foakes was forced to pay
Why did promissory estoppel develop? - Because of the harshness of common law (Foakes v Beer) - It is an equitable doctrine
Promissory Estoppel (definition) Making a promise binding without consideration
Central London Property Trust v High Trees - During the war - Central London Property was allowed to get the full rental payments for 1945 onwards but the judges said that if they tried to claim the full rent from 1940, they will be estopped from doing so
What are the requirements that promissory estoppel is subject to? - There must be a clear or unequivocal promise or representation which is intended to affect legal relationship between the parties and which indicated that the promisor will not insist upon his strict legal rights against the promisee in relation to the promise
Can promissory estoppel be used as a defence? - No - 'equity is a shield, not a sword' - It does not create new rights
Combe v Combe - Husband made promise to his wife. - Wife brought an action to enforce the promise invoking promissory estoppel. - He action failed. The wife sought to use promissory estoppel as sword and not a shield.