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Consideration - Coggle Diagram
Consideration
Definition: C must show he has brought D's promise by doing/giving/promising something in return for it - Dunlop v Selfridge
Two types: 1) Executed: Act has been carried out. 2) Executory: Act not yet done.
1) Consideration must be sufficient but need not be adequate.
Must be REAL, TANGIBLE, and have VALUE in the eyes of the law. Love and affection do not count as this.
Chapell v Nestle: wrappers are sufficient
Ward v Byham: went above/beyond duty so was sufficient
3) Consideration is not a pre-existing duty
Two Types
Legal/Public Duty
Person has a responsibility to others by law/performed by certain people e.g. police. If a person is legally obliged but goes beyond that, this provides consideration.
Collins v Godefroy: time at court was not consideration
Contractual Duty
Contract sets out obligations. Where there's a contractual duty and a promise there's not good consideration.
Stilk v Myrick: Did nothing more than what the contract told.
Re Selectmove: Consideration if there's an 'extra benefit' gained. Goods and Services only.
2) Consideration must not be in the past
Consideration cannot be provided by something that has already been done before the promise of money was made
Roscorla v Thomas: Already paid D so no consideration before
Re Mcardle: Promise to pay came after consideration
Lampleigh v Braithwaite: Implied promise to pay = consideration