CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

Lapse of time: either a specific time or a ‘reasonable time’ – Ramsgate Hotel v Montefiore. Death: sometimes leaves an offer im ...

Auction sales The display of goods in an invitation to treat, the bidders make the offer and the auctioneer accepts on behalf of ...

Questions 1 Petunia wants to buy a new washing-machine, and notices the following promotional campaign in the window of a shop c ...

4 Alex browses through a mail order catalogue of a company called Bestbuy, and is attracted by a picture of a sheepskin coat pri ...

3 Consideration All contracts require something to be given in return for something else from the other party. That ‘something’ ...

Executed and executory consideration Consideration can take the form of an act or a promise, and is said to be executed, which i ...

So consideration need not be adequate (generous enough to appear a fair bargain in terms of monetary value), but must be suffici ...

Consideration must move from the promisee For a contract to be enforceable, the bargain must have been made, and the considerati ...

It is perhaps easier to see the concept of past consideration in the following, more recent, case. So, if the only act or promis ...

The following, more recent, example arose in the context of the workplace. Re Casey’s Patents (1892) Work was undertaken and aft ...

Performance of an existing duty Generally, doing something which is already an obligation is not sufficient consideration. The c ...

Legally, this must be a borderline case, and shows that very little ‘extra’ is needed to make payment enforceable, if the court ...

It is important to consider the impact of the following recent case on the existing doctrine. Owners of the Roffey Williams buil ...

further bargained with the builders that they would complete by that date if more money was paid. So the carpenters could be see ...

It is interesting that the argument in this case is only really viable if the consideration is executory. The mere performance o ...

creditor sued successfully for interest for late payment. This case was further confirmed in Re Selectmove (see p. 55) and Fergu ...

proportion of the debts owed to them in settlement of their claims against X. This will be held binding in the courts, since if ...

In the case of Bracken v Billinghurst (2003) a builder was personally liable for debts. They were paid off by his company by sen ...

This became known as the doctrine of promissory estoppel. It began in High Trees with Lord Denning (when he was a fairly new but ...

original position. This could have been done in Hughes, but not in High Trees for the period of the war years. 4 It was stated q ...