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Consideration Under English Law
Consideration is an English law, English common law concept within the English contract law, law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amo ...
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English Law
English law is the common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black's Law Dictionary'' is the most-us ... legal system The contemporary national legal systems are generally based on one of four basic systems A system is a group of interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and infl ... of England and Wales England and Wales () is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom, parts of the United Kingdom. England and Wales forms the constitutional successor to the former Kingdom of England and follows ..., comprising mainly criminal law Criminal law is the body of law Law is a system A system is a group of Interaction, interacting or interrelated element ...
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Chappell & Co Ltd V Nestle Co Ltd
''Chappell & Co Ltd v Nestle Co Ltd'' [1959UKHL 1is an important English contract law case, where the House of Lords confirmed the traditional doctrine that Consideration in English law, consideration must be sufficient but need not be adequate. Facts Chappell & Co. owned the copyright to "Rockin’ Shoes" (by The King Brothers). Nestle was giving away records of it to people who sent in three wrappers from 6d chocolate bars, as well as 1s 6d. The Copyright Act 1956 s 8 said a 6.25% royalty needed to be paid on the ‘ordinary retail selling price’ to the owners of copyrights. Nestle said 1s 6d was the ordinary retail selling price, but Chappell & Co argued that it should be more and sought an injunction for breach of CA 1956 s 8. In this way the question arose as to whether the wrappers constituted partial Consideration in English law, consideration for the records. Mr Justice Upjohn granted an injunction, the Court of Appeal (Lords Justices Jenkins and Ormerod; Lord Justice Ro ...
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Ward V Byham
Ward may refer to: Division or unit * Hospital#Departments or wards, Hospital ward, a hospital division, floor, or room set aside for a particular class or group of patients, for example the psychiatric ward * Prison ward, a division of a penal institution such as a prison * Ward (electoral subdivision), electoral district or unit of local government ** Ward (KPK), local government in Khyber Pakhtunkhwa, Pakistan ** Ward (South Africa) ** Wards of Bangladesh ** Wards of Germany ** Wards of Japan ** Wards of Myanmar ** Wards of the United Kingdom ** Ward (United States) *** Wards of New Orleans * Ward (fortification), part of a castle * Ward (LDS Church), a local congregation of The Church of Jesus Christ of Latter-day Saints * Ward (Vietnam), a type of third-tier subdivision of Vietnam Entertainment, arts and media * WARD (AM), a radio station in Petoskey, Michigan * Ward Cleaver, a fictional character from the American television sitcom ''Leave It to Beaver'' * Warring Ad ...
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Collins V Godefroy
Collins may refer to: People Surname Given name * Collins O. Bright (1917–?), Sierra Leonean diplomat * Collins Chabane (1960–2015), South African Minister of Public Service and Administration * Collins Cheboi (born 1987), Kenyan middle-distance runner * Collins Denny (1854–1943), American Bishop of the Methodist Episcopal Church, South * Collins Denny Jr. (1899–1964), American pro-segregationist lawyer. * Collins Hagler (born 1935), Canadian football player * Collins Injera (born 1986), Kenyan rugby player * Collins H. Johnston (1859–1936), American football player, medical doctor, surgeon, and civic leader * Collins John (born 1985), Liberia-born Dutch footballer * Collins Mbesuma (born 1984), Zambian footballer nicknamed ''The Hurricane'' or ''Ntofontofo'' * Collins Mensah (born 1961), Ghanaian sprinter * Collins Nweke (born 1965), Belgian politician of the Green Party * Collins Obuya (born 1981), Kenyan cricketer Companies * Collins Aerospace, avionics manufacture ...
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Collins V Godefrey
Collins may refer to: People Surname Given name * Collins O. Bright (1917–?), Sierra Leonean diplomat * Collins Chabane (1960–2015), South African Minister of Public Service and Administration * Collins Cheboi (born 1987), Kenyan middle-distance runner * Collins Denny (1854–1943), American Bishop of the Methodist Episcopal Church, South * Collins Denny Jr. (1899–1964), American pro-segregationist lawyer. * Collins Hagler (born 1935), Canadian football player * Collins Injera (born 1986), Kenyan rugby player * Collins H. Johnston (1859–1936), American football player, medical doctor, surgeon, and civic leader * Collins John (born 1985), Liberia-born Dutch footballer * Collins Mbesuma (born 1984), Zambian footballer nicknamed ''The Hurricane'' or ''Ntofontofo'' * Collins Mensah (born 1961), Ghanaian sprinter * Collins Nweke (born 1965), Belgian politician of the Green Party * Collins Obuya (born 1981), Kenyan cricketer Companies * Collins Aerospace, avionics manufacture ...
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Contracts (Rights Of Third Parties) Act 1999
The Contracts (Rights of Third Parties) Act 1999 (c. 31) is an Act of the Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kin ... that significantly reformed the common law doctrine of privity and "thereby emovedone of the most universally disliked and criticised blots on the legal landscape".Dean (2000) p.143 The second rule of the Doctrine of Privity, that a third party could not enforce a contract for which he had not provided consideration Consideration is a concept of English law, English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Mis ..., had been widely criticised by lawyers, academics and membe ...
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Privity In English Law
Privity is a doctrine in English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales England and Wales () is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom, parts of the United ... that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, i.e. a "third party". Historically, third parties could enforce the terms of a contract, as evidenced in ''Provender v Wood {{Short pages monitor

Tweddle V Atkinson
is an English contract law case concerning the principle of Privity in English law, privity of contract and consideration. Its panel of appeal judges reinforced that the doctrine of privity meant that only those who are party to an agreement (outside of one of the well-established exceptional relationships such as agency, bailment or trusteeship) may sue or be sued on it and established the principle that "consideration must flow from the promisee." Facts John Tweddle and William Guy mutually agreed in writing to pay sums of money (£100 and £200, respectively) to Tweddle's son William (who was engaged to Miss Guy). Guy then died before payment, and when the estate would not pay, William Tweddle then sued Mr Atkinson, the executor of Guy's estate, for the promised £200. Judgment The court held: the suit would not succeed as no stranger to the consideration may enforce a contract, although made for his benefit. The court ruled that a promisee cannot bring an action unless the co ...
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Callisher V Bischoffsheim
''Callisher v Bischoffsheim'' (1869–70) LR 5 QB 449 is an English contract law case concerning consideration. It held that the compromise of a disputed claim made ''bonâ fide'' is a good consideration for a promise, even if it ultimately appears that the claim was wholly unfounded. Facts Callisher alleged that money was owed to him from the Government of Honduras, and was about to take proceedings to enforce payment. In consideration that the plaintiff would forbear taking such proceedings for an agreed time, the defendant promised to deliver to Callisher a set of Honduras Railway Loan Bonds. But then, they did not deliver the debentures, and argued that their promise to do so was unenforceable because the original suit was groundless. Judgment The Queen's Bench held the contract was enforceable because even if the suit was groundless, forbearing to sue could count as a valuable consideration. Lord Chief Justice Cockburn said the following. Blackburn J concurred. Lush J a ...
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Pao On V Lau Yiu Long
''Pao On v. Lau Yiu Long'' [1979UKPC 17is a contract law appeal case from the Supreme Court of Hong Kong, Court of Appeal of Hong Kong decided by the Judicial Committee of the Privy Council, concerning Consideration (law), consideration and duress in English law, duress. It is relevant for English contract law. Facts Fu Chip Investment Co. Ltd., a newly formed public company, majority owned by Lau Yiu Long and his younger brother Benjamin (the defendants), wished to buy a building called "Wing On", owned by Tsuen Wan Shing On Estate Co. Ltd. ("Shing On"), whose majority shareholder was Pao On and family (the claimants). Instead of simply selling the building for cash, Lau and Pao did a swap deal for the shares in their companies. Shing On would get 4.2m Hong Kong dollar, $1 shares in Fu Chip, and Fu Chip bought all the shares of Shing On. Fu Chip bought all the shares in Shing On, and Pao received as payment 4.2m shares in Fu Chip (worth Hong Kong dollar, $2.50 for each $1 share (f ...
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