The absence of consideration is fatal, but the common law permits satisfaction if the creditor has requested payment of a smaller sum before the due date, requested payment at a different place or requested payment by different means. However, even under this modern view, a promise to make compensation for a past benefit will not be enforceable if that benefit was given as a gift because there is no moral obligation to repay the value of a gift. In short, consideration must have a value that can be objectively determined. Consideration must be real and not illusory: The consideration, although it need not be adequate, must be real, competent and of some value. Therefore, past consideration is the benefit that you get as a result of making the contract.
The shopkeepers agreed to pay commission to D on the articles sold in the market. The emerging modern rule is that a promise based on moral or past consideration is enforceable, even if it does not fall within one of the three exceptions, so long as the promise is based on a material benefit that was previously conferred by the promisee on the promisor and provided that the benefit gave rise to a moral obligation to make compensation. Consequently, the debtor is still liable for the whole amount, as he cannot force the promisor to accept less. It is not valid because of the lack of consideration. He ceased work and sued Roffey Brothers for the extra money, for the eight flats he had completed after the promise of additional payment. Service upon request: When a Service is done upon request of the party, such service, though past consideration, attains Validity. But a voidable contract does not automatically become void, and if the promisor has not avoided the contract but instead thereafter renews his promise, it is binding.
Consideration must have a value that can be objectively determined. Three types of cases follow. In most cases it takes so long to be executed because they they have too many appeals. In general, an executed consideration is insufficient to support a contract; 7 John. Link to this page: consideration. Article shared by Essentials or legal requirement of a valid consideration are listed below: Essentials or Legal Requirement 1. An increasing number of courts have concluded that the traditional distinction between unilateral and bilateral contracts fails to significantly advance legal analysis in a growing number of cases where performance is provided over an extended period of time.
Under English Law, a past consideration is no consideration. A promise to stop drinking alcohol during exam week. In omnibus contractibus, sive nominatis sive innominatis, permutatio continetur. It is valid so long as there is a writing setting forth the terms signed by the offeror and the offeree. Korir did not give Boit a ride in exchange for Boit giving Korir money hence past consideration is of no effect to consideration at all.
The consideration to an agreement is unlawful, if:- i It is forbidden by law; or ii It is of such a nature that, if permitted, it would defeat the provisions of any law; or iii It is fraudulent; or iv It involves or implies injury to a person or property of another; or v The court regards it as immoral or opposed to public policy every agreement of which the consideration is unlawful is void. It became apparent that Williams was threatened by financial difficulties and would not be able to complete his work on time. Partial payment is consideration if either a liquidated or an unliquidated debt is involved. Viner defines it to be a cause or occasion meritorious, requiring a mutual recompense in deed or in law. Obviously not, as the polish on B's car was done without his request. .
John is liable to pay for the damages, but does not have the money right now. For example Korir gives Boit a ride to the market and back home. It is valid so long as more than nominal consideration is provided. It is physically impossible and therefore void. That means both parties should get benefited mutually.
Sue sues the bank for breach of contract. It does not state how much consideration must be there. When 50 packages of puppy food arrive, Mary complains. Myrick promised he would increase Stilk's wages if Stilk agreed to honour his contract in light of the desertions. Secondly there must be communication. The ex-husband promised to pay her £1 a week if she ensured that the child was well looked after and happy. Certainly society frowns upon suicide, but yet putting an old lady or a man in a coma to death is being accepted every day.
On the other hand, unilateral contracts usually bind just the person who makes the initial promise. Example: A promised to pay Rs. Later, Henry promises to repay Preston the value of the car. Consideration may move from promise or any other person: According to Indian law, consideration may move from promise or any other person. A leading example is in where Stilk, a seaman, agreed with Myrick to sail his boat to the and back for £5 per month. As per Indian Law three types of considerations are Valid.