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

Complaints made against the auditors, Complaints made against the auditors:...

Complaints made against the auditors: These are the most simple principles that such have to be applied to cases of this description. I protest, however, against the notion

Prepare tax memo , Patriot, Inc (a C corporation) filed for Chapter 11 bank...

Patriot, Inc (a C corporation) filed for Chapter 11 bankruptcy protection during August, 2011 and has worked out a re-organization plan that was accepted by the Bankruptcy Court an

Business law , Explain whether Mike should be excused from not performing u...

Explain whether Mike should be excused from not performing under the contract with Jim: Facts Mike ran an excavation business whereby he was contracted by builders to use his exca

Hire-purchase and sale, Hire-Purchase and Sale The hire-purchase trans...

Hire-Purchase and Sale The hire-purchase transaction is such not a sale since, according to the definition like: (i)There is no seller or buyer. Such like the parties are the

The position in uk with the capital maintenance doctrine, QUESTION 1 Th...

QUESTION 1 The Bank of Mauritius has got various objects. It has therefore got various functions and powers in order to achieve the attainment of its objects. Discuss QUEST

Determine the policy process point of view, Determine the policy process po...

Determine the policy process point of view Viewing from the policy process point of view, we find that while voting for legislature, the rational candidates and voters have inf

Gist of lord buckleys statement, Gist of Lord Buckleys statement: The ...

Gist of Lord Buckleys statement: The gist of Lord Buckley's statement, above, may be summarised as follows: The judges will not regard a transaction undertaken by a company as

Business ethics, Imagine yourself in a situation of being encouraged to inf...

Imagine yourself in a situation of being encouraged to inflate your expense account. Do you think your choice would be most affected by your individual moral development or by the

Golden rule - presumptions of construction, Golden rule: Conversely th...

Golden rule: Conversely the so-called 'golden' rule will be utilized through the court in order to avoid arriving on an absurd decision under the literal rule of construction.

Discuss about the three streams, Discuss about the three streams There...

Discuss about the three streams There come times, however, when these three streams are joined. An event in the political stream, such as a change in administration, calls for

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