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

Illustrate the doctrine of judicial precedent, Illustrate the doctrine of j...

Illustrate the doctrine of judicial precedent? The doctrine of judicial precedent It states that higher court decision are binding on lower courts and like a result it i

How will you plan to establish your own business, (a) How will you plan to ...

(a) How will you plan to establish your own business? (b) What are the merits and demerits in owning a business? (c) What are the aspects you have to think in establishing an

Government estimate of the number of phoenix operators, Former Assistant Tr...

Former Assistant Treasurer Bill Shorten has cited estimates, based on ATO expertise, that there are 6,000 phoenix operators in Australia. It is recognised that this estimate is a ‘

Function of the registered office, Function of the Registered Office: ...

Function of the Registered Office:                          Section 107(1) provides that a company shall, as from the day on which it begins to carry on business or as from th

Disadvantages of subsidiary legislation, DISADVANTAGES: Whether delega...

DISADVANTAGES: Whether delegated or subsidiary legislation has been criticised just to a variety of reasons, the main ones being that it is:as; (a)   Less democratic Whe

What is policy - enumerate the various sources of policy, Question 1: W...

Question 1: Why are some activities organized through private collective action, that is, the market whereas other activities are organized through public collective action?

Determine the reasons of policy perspective, Determine the reasons of polic...

Determine the reasons of policy perspective The term system is needed for two reasons: i) It encompasses all sovereign states and therefore possesses the virtue of being com

Strong and weakness of acts of parliament, Strong and Weakness of Acts of P...

Strong and Weakness of Acts of Parliament: There an Act of Parliament may be said to possess the giving advantages: as; (i) Democratic in nature Now here it is democrati

Working of state jurisdiction, Working of State jurisdiction State juri...

Working of State jurisdiction State jurisdiction concerns essentially the extent of each State's right to regulate conduct or consequences of events. A state has the competence

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