Types of Consideration - Law of Contract - Lecture Slides, Slides for Law of Contract. Aligarh Muslim University

Law of Contract

Description: Types of Consideration, Dunlop V Selfridge, House of Lords, Executed Consideration, Future Consideration, Rules of Consideration, Loss Suffered, Promise to a Stranger, Public Policy, Natural Love and Affection are some points from this lecture. This lecture is part of lecture series on Law of Contract course. I have full series of lectures on this subject. I am sharing this with my friends on docsity. Enjoy.
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Consideration
Definition:
X promises not to file a suit against Y if Y pays him $100 by a fixed date. The forbearance of X
is the consideration for Y's Payment.
A promise given in a contract is only binding on the promisor if
(i) it is supported by consideration; or
(ii) the promise is in the form of a deed.
Currie v Misa: consideration is either an advantage to the promisor or a detriment incurred by the
promisee.
A better definition adopted by the House of Lords in Dunlop v Selfridge is an act or forbearance
of one party, or the promise thereof, is the price for which the promise of the other is bought, and
the promise thus given for value is enforceable.
Types of Consideration
1. Present consideration:
Consideration which moves simultaneously with the promise is called Present Consideration or
Executed Consideration.
2. Future consideration:
When the consideration is to move at a future date, it is called Future Consideration or
Executory Consideration.
3. Past consideration:
When the consideration of one party was given before the date of the promise, it is said to be
past.
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In three cases past consideration for a promise does suffice to make the promise binding.
(a) Bill of exchange
(b) Recovery of a debt
(c)Service made on request
Rules of Consideration:
As well as determining whether consideration is valid on the grounds of being executed or
executory, the court will also seek to ensure that:
1. desire (or request) of the promisor is essential : The act done or loss suffered by the
promisee must have been done or suffered at the desire of the promisor. Ex: P sees Q's house
on fire and helps in extinguishing it. Q did not ask for his help. P cannot demand payment for
his services.
2. The consideration must be real :
The consideration must have some value in the eye of taw.
The impossible' acts and illusory or non-existing goods cannot support a contract.
Ex: X promises to supply Y one tola of gold brought from the sun. The consideration
is sham and illusory and there is no contract.
A contribution to charity is without consideration. It is not real consideration.
3. public duty :
Where the promise is already under an existing public duty, an express promise to perform, or
performance of that duty will not amount to consideration. Ex: A contract to pay money to a
witness who has received a subpoena to appear at a trial.
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4. Promise to a stranger:
X wrote to his nephew B, promising to pay him an annuity of £150 in consideration of
his marrying C. B was already engaged to marry C. Held, the fulfillment of B's contract
with C was consideration to support X's promise to pay the annuity.
5. Consideration need not be adequate:
P agrees to sell a horse worth $1000 for $. 10. P's consent to the agreement was freely
given. The agreement is a contract notwithstanding the inadequacy of the consideration.
If the consideration is inadequate, the Court may hold that consent of the promisor was
not freely given and the agreement may become void.
6. The consideration must not be illegal, immoral, or opposed to public policy:
if the consideration of the object of the agreement is illegal, the agreement cannot be
enforced.
7. The consideration may be present, past, or future :
This follows from the definition of consideration given in the Act.
8. Consideration may move from the promisee or from any other person :
A person granted some properties to his wife C directing her at the same time to pay an
annual allowance to his brother R. C also entered into an agreement with R promising to
pay the allowance to R. This agreement can be enforced by R even though no part of
the consideration received by C moved from R.
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