Essential Requirements of a Contract (AQA A-Level Law): Flashcards

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Consideration
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Consideration definition

Price paid for goods/services/promise of other party

Dunlop v Selfridge (1915) definition

Act/forbearance/promise as price for other's promise

Benefit and detriment in consideration

Both parties receive benefit and suffer detriment

Sufficient consideration meaning

Must have real, tangible value that law recognises

Need not be adequate principle

Courts don't assess bargain quality; only if it exists

Past consideration rule

Act done before promise made is not valid consideration

Lampleigh v Braithwaite exception

Service requested with implied payment is enforceable

Consideration must move from claimant

Only person providing consideration can enforce contract

Stilk v Myrick principle

Performing existing duty provides no fresh consideration

Hartley v Ponsonby exception

Doing extra beyond existing duty = new consideration

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