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Conditions for Consideration - Coggle Diagram
Conditions for Consideration
Benefit Detriment Analysis
Consideration must be requested by the promisor
Consideration must move from the promisee
Consideration must be sufficient not adequate
Sufficient
Forebearance
Compromise
Duty owed to a 3rd party
Promise to
Pay more for the same
Not good consideration: Stilk v Myrick
Good consideration if
Obtained practical or factual benefit
Williams v Roffey
Avoided disadvantage
Receive less for the same
Insufficient
Performance of mere public duty
Exception: Going beyond public duty
Performance of moral obligation
Promise to cease complain for unequal treatment
Past consideration is no consideration
Pao On Exception
Promissory Estoppel
5 conditions
Existing legal relation
Clear and unequivocal promise affecting relationship
Reliance on representation
Inequitable for promisor to go back on promise
Promise is enforceable
ICLR
Social and Domestic Context
Presumption of no ICLR
May be rubutted
Business and Commercial Context
Presumption of ICLR
Can be displaced by clear statement to the contrary