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

Publication of name, Publication of Name:                             ...

Publication of Name:                             Section 109(1) requires every company (except one exempted under s.21): (a)     To paint or affix its name in a conspicuous

Case, Corgi was the breeder of prize-winning pedigree dogs that often sold ...

Corgi was the breeder of prize-winning pedigree dogs that often sold for very high prices. Reynolds, a wealthy businessman who had recently retired, decided to purchase one of thes

Ethical and professional requirements, It has been said that "auditors cann...

It has been said that "auditors cannot legitimately serve the 'user' public because they are hired and fired by the management of the company being audited. If management does not

Fitness for purpose - sales of goods, Fitness for Purpose - Sales of Goods ...

Fitness for Purpose - Sales of Goods However that goods such are bought for a particular purpose that are reasonably fit about that purpose:(S.16 (a))like Whether this conditi

Identified and create all contract, The Laws of Contract DSL Limited decide...

The Laws of Contract DSL Limited decide to buy a ferry on operate it between CMI and Downtown, Kingston. They did not have enough money to buy the vessel, so they borrow some from

Electrical wiring and ventilation, A team of players from a Singapore-based...

A team of players from a Singapore-based university was planning a trip to Cameron Highlands, where an exhibition on the history of tea, the process of growing, harvesting and proc

Personal rights invaded - statutory provisions, Personal rights invaded: ...

Personal rights invaded:                    A shareholder may sue to protect from invasion their own individual rights as members.  This is illustrated by Pender v Lushington

Promotion, Promotion: A company comes into existence from the moment o...

Promotion: A company comes into existence from the moment of its registration by the registrar of companies. However, the  registration is preceded by what is called "promotio

Explain the concept of salomon principle, Question 1: (a) Explain the c...

Question 1: (a) Explain the concept of Salomon Principle and critically analyse its importance in company Law. (b) Discuss why and in what circumstances the court will pierc

The essential requirements of a valid asset protection trust, QUESTION 1 ...

QUESTION 1 Discuss the position in UK with respect to the Capital Maintenance Doctrine. QUESTION 2 (i) What are the essential requirements of a valid Asset Protection T

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