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Consideration - Coggle Diagram

- - - - This is where a party to a legal relationship, confronted with a choice between alternative and inconsistent rights, elects to enjoy one right and surrender the other
        
        They can (a) affirm the contract or (b) terminate the contract (e.g. in spite of breach/repudiation)
        
        —Elector’s choice must be clearly and unequivocally communicated to the other party through words or conduct.
        
        Exception
        
        Election by silence or delay (Allen v Robles)
    - - This is where a party has voluntarily/intentionally abandoned or relinquished a 'known right, claim or privilege'
      - The "pure" or "true" waiver: e.g. Tufton Associates Ltd v Dilmun Shipping [1992]
      - Contingent conditions -- Hawksley v Outram
      - Other
        
        It seems that ‘Waiver’ extinguishes existing legal duties.
        
        Duration of waiver (Can be permanent or suspensory)
- - - - A third party, even one who derives a benefit, must provide consideration (to himself) about the promise made by others
  - - - If Plaintiff is under a public duty (obligation) to attend court (having already been subpoenaed), payment for attending court is not good consideration.
    - - When the person has gone above and beyond their public duty.
        
        Glasbrook Bros. v Glamorgan County Council [1925] - Policemen went above and above their public duty
      - An additional useful service has been provided: Williams v Roffey -- Roffey asked for extra payment for the same work, but this = consideration, because Roffey helped Williams to avoid the penalty clause.