Statute Of Frauds And The Doctrine Of Consideration
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''Statute of Frauds and the Doctrine of Consideration'' (1937) Cmnd 5449 was a report by the
Law Revision Committee A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
on the
consideration Consideration is a concept of 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 Misa'' declared ...
and
formality A formality is an established procedure or set of specific behaviors and utterances, conceptually similar to a ritual although typically secular and less involved. A formality may be as simple as a handshake upon making new acquaintances in Weste ...
in
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
and other areas. It did not recommend abolition of the doctrine of consideration but made a series of recommendations to overturn the existing restrictions that had been developed by some common law courts.


Overview

The Law Revision Committee recommend the following transactions should be binding ''per se''. *promises in writing *promises for past consideration *promises to accept part payments of debt to discharge the whole *promising to do what one is already bound to do *firm offers, where it is open for a period *promises detrimentally relied on by the promise, where the promisor should have known reliance would happen


See also

*
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
*
English trusts law English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the ...


Notes

{{reflist English contract law