Consideration - element of contract, Business Law and Ethics

Assignment Help:

Consideration - Element of Contract

Just to an agreement to constitute a contract the common law of the England then adopted in the US, requires such, must be supported with consideration.

Exception

Although a "specialty contract" required not be supported with consideration.  Thus a contract is written, signed through one party such sealed and then delivered for the other party.

Well there are many definitions for consideration that have been given through various judges in various cases.  So now the following are some with the definitions: as;

1. Well first is "... Some right, concentration or could profit and say benefit accruing for the one party, or some forbearance or loss or say detriment or may responsibility, given, suffered or undertaken through the other", like per Lush, J., in Currie v Misa, (1875) L. R. 10 Ex. 153, at p. 162. According to an example of consideration that is constituted such a benefit accruing to one party and a detriment suffered through the other is to be found in Carlill's case

2. And second is "Consideration means something that is of some value in the eye of the law or say as moving from the plaintiff: well It may be some benefit to the defendant or may some detriment for the plaintiff, although at all events it must be moving from the plaintiff", just as Patteson. J in Thomas v Thomas.


3. Third is "I am content to adopt from a work for Sir Frederick Pollock, with which I have often been below obligation hence the following words as to consideration. Although 'An act or forbearance for one party, or the promise thereof, that is the price for through the promise of the other is bough so then and the promise thus given for value is enforceable," like per Dunedin, L.J. in Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co Ltd(limited).

Well now according to Sir Frederick Pollock, thought is simply the price paid through a party to a contract of the promise of the other party.  Eventually it is evident that consideration is nothing although mutuality.


Related Discussions:- Consideration - element of contract

What is phoenix-like activities, Q. What is phoenix-like activities? Ph...

Q. What is phoenix-like activities? Phoenix activity and phoenix-like activities Many activities are referred to as "phoenixing" which do display phoenix-like characteristic

Explain the cotton arbitration, Explain the Cotton Arbitration Arbitrat...

Explain the Cotton Arbitration Arbitration is a more formal process than mediation and conciliation. Arbitration can take place between two states or individuals of two states

Tort law and employment law, Tort law and Employment law: Pat, a build...

Tort law and Employment law: Pat, a builder, is an employee of Tom's. One day on site the scaffolding that Pat is standing on collapses and he suffers personal injuries. The s

Liability of guarantor, Liability of Guarantor Therefore a guarantor's...

Liability of Guarantor Therefore a guarantor's liability which does not arise until whether the principal debtor has made default, because notice of the default utilized not b

Company secretary, Company Secretary:             4.19.1  Appointment ...

Company Secretary:             4.19.1  Appointment of the Secretary             By section 179, every company must have a secretary but a sole director cannot be a secretar

The relationship(s) that a bank shares with its customers, QUESTION 1 B...

QUESTION 1 Barclays Bank in Mauritius has interviewed various candidates for the post of Chief Executive Officer. Its HR department has requested you to provide them with some

Discuss about the inflationary bias in the economy, Discuss about the infla...

Discuss about the inflationary bias in the economy As the costs are lower, there is a greater incentive for the government to expand the money supply. Agents perceive this and s

Relationship of partners inter se, Relationship of Partners Inter Se W...

Relationship of Partners Inter Se Whether various terms are in utilize to denote the different specification of partners.  Then the most central of these terms are like: (

Manner of transfer of bills, Manner of Transfer of Bills One of the ch...

Manner of Transfer of Bills One of the characteristics of bills of exchange is such whereas  A gives B a bill accepted through X in settlement of his debt, since this same ins

Contractual capacity of persons of unsound mind, Contractual Capacity of Pe...

Contractual Capacity of Persons of Unsound Mind Furthermore a contract entered into through a person of unsound mind is voidable on his option whether it is proved that the ot

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd