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

Consideration must move from the promisee

For a contract to be enforceable, the bargain must have been made, and the
consideration provided, by the two parties involved. That is, they must have
made the offer and acceptance, and they must have provided the
consideration. So if A pays B £50 and B agrees to cut C’s lawn, C cannot
sue A. C has not provided any consideration. This is usually a three-sided
matter, and a similar situation arose in the following case.

It will be seen later that this principle is very closely linked with the
traditional concept of privity of contract (only those who are party to a
contract can sue on it). However, this position may now be different with
the introduction of the Contracts (Rights of Third Parties) Act 1999, and the
implication is that the benefit of a contract may now be enforceable by a
party who has provided no consideration at all, if it is made very clear that
the benefit was intended for that particular person.

Past consideration

The consideration provided for a promise must be done in relation to that
promise. In other words, it must be an act or promise done directly in
return for the promise of the other party, and not something already
completed. If the thing that is to be consideration has already been
performed before the promise is made, then in the eyes of the law it will
not be consideration at all.

Consideration 49

Tweddle v Atkinson (1861)

A sum of money was promised to a son and daughter-in-law on marriage.

Tweddle senior paid his share but later died. The father-in-law had not

given his money, so the son, Tweddle junior, sued for the agreed amount.

It was held that as the son had not given any consideration for the promise

of the money, the contract being between the two fathers, he could not

enforce the agreement. The only person who could have enforced the

agreement would have been Tweddle senior, had he been alive.

Both given consideration → contract →right to sue each other

Tweddle senior (father) Atkinson (father-in-law's executor)

Tweddle junior

No consideration given →no right to sue

Figure 3.1