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Consideration Under English Law
Consideration is an English common law concept within the 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 amounts to consideration only if one i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chappell & Co Ltd V Nestle Co Ltd
''Chappell & Co Ltd v Nestle Co Ltd'' 959UKHL 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 for the records. Mr Justice Upjohn granted an injunction, the Court of Appeal (Lords Justices Jenkins and Ormerod; Lord Justice Romer dissenting) reversed his de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ward V Byham
Ward may refer to: Division or unit * 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 and electoral divisions 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 * WOUF (AM), a radio station (750 AM) licensed to serve Petoskey, Michigan, United States, which held the call sign WARD from 2008 to 2021 * Ward Cleaver, a fictional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 Collins Cheboi Kiprotich (born 25 September 1987) is a Kenyan middle-distance runner who specialises in the 1500 metres. His personal best for the event is 3:31.53 minutes. He was a silver medallist at the 2011 All-Africa Games and was part of th ... (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 nic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 manufa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 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, had been widely criticised by lawyers, academics and members of the judiciary. Proposals for reform via an act of Parliament were first made in 1937 by the Law Revision Committee in their Sixth Interim Report. No further action was taken by the government until the 1990s, when the Law Commission proposed a new draft bill in 1991, and presented their final report in 1996. The bill was introduced to the House of Lords in December 1998, and moved to the House of Commons on 14 June 1999. It received royal assent on 11 November 1999, coming into force immediately a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privity In English Law
Privity is a doctrine in English contract law 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'', but the law changed in a series of cases in the 19th and early 20th centuries, the most well known of which are ''Tweddle v Atkinson'' in 1861 and '' Dunlop Pneumatic Tyre v Selfridge and Co Ltd'' in 1915. The doctrine was widely seen as unfair, for various reasons – it made no exception for cases where the parties to a contract obviously intended for it to be enforced by a third party, and it was so inconsistently applied that it provided no solid rule and was therefore "bad" law. The doctrine attracted criticism from figures such as Lord Scarman, Lord Denning, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tweddle V Atkinson
is an English contract law case concerning the principle of 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 Guy's daughter). 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 that 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 consideration ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pao On V Lau Yiu Long
''Pao On v. Lau Yiu Long'' 979UKPC 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 $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 $2.50 for each $1 share). To ensure the share price of Fu Ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
