A discussion of the doctrine of consideration

As two seamen from his crew had deserted, Myrick offered to share the wages of the two deserters amongst the remaining crew.


However, in a civil action to enforce the promise to pay a prize, the monetary value of the consideration is in no wise controlling. The doctrine of consideration provides a clear way of identifying an intention to create legal relations and it does not only protect a reliance interest.

In this case, Maher owned a commercial property, which he had been negotiating to lease to Waltons Stores. The only other person seen by them to make such announcement was Parkinson.

It is physically impossible and therefore void. The holder of the chance to win the prize in the case at bar was required to do two things in order to be eligible to receive the prize, first, to sign his name in the book, and, second, be in such proximity to the theater as that he could claim the prize within two and one-half minutes after his name was announced.

The courts have, by decisions made on particular cases, made an effort to apply the recommendations made by the committee to reduce the hardship and unnecessary inconvenience that the doctrine of consideration may cause.

Whenever, therefore, any injury to the one party, or any benefit to the other, springs from a consideration, it is sufficient to support a contract.

What is the doctrine of consideration Essay

It was held that the son could not enforce the promise made to his father, as he himself had not actually given consideration for it - it was his father who had done so instead.

This in turn adds flexibility to the doctrine of consideration. The interpretation of consideration acknowledges that the courts have frequently, though changeable, adopted a functional approach to the findings of consideration bargain Trebilcock, The operator brought action against McNiece who in turn sought indemnity from Trident via the courts.

What is the doctrine of consideration Essay

Thus, it is quite generally recognized that there are three elements necessary to constitute a lottery: Foley, Iowa 5, 9, N. On the other hand, it may consist of detriment, forbearance, responsibility or loss suffered, undertaken or given by the other party.

Story on Contracts, section To further demonstrate this point, the Williams v Roffey case has been further applied to Musumeci v Winadell Pty Ltd.

The Doctrine of Consideration Essay Sample

Consideration must move from the promisee though not necessarily to the promisor Consideration does not have to be adequate, in that the consideration moving from the promisee must have value by which the law will recognise, but does not necessarily have to reflect the value of the promise made to the promisee Consideration must not be so vague that it becomes illusory And that consideration must be sufficient, thereby being recognisable in the eyes of the law.

The doctrine of consideration emanates from the contract of promise and this creates a moral obligation to its maintenance. Promises in economic terms do not involve any exchange that is worth enforcing, and this makes bargain theory inadequate as it not only describes the current law but does not explain which promises should be enforced as contracts.

This has aggravated criticisms of the doctrine. The basis for such estoppel was pleaded in the petition. A polished B's car without any request from B.The doctrine of consideration is based upon the idea that a promisee must give or promise to give something in return for the promise or unless the promisor has obtained or been promised something in return.

Analysing the doctrine of consideration in law Lord Goff described contract law in England as being ‘hampered’ by the ‘unnecessary doctrine of consideration’. White v Jones [] 2 AC at p 1. Consideration must move at the desire of the promisor: The first important rule of consideration is that the act or forbearance must be done at the desire or request of the promisor.

If it is done without his request or at the request of a third party, it will not be a valid consideration. It is. The A D 70 Doctrine by Tommy Thornhill I sincerely a history of the nuclear family in the united states believe The differences in the development of the new world colonies "The a discussion of the doctrine of consideration A D 70 Doctrine" to a literary analysis of slavery in the tempest be another in a long line of perverted gospels that has.

The doctrine of consideration has been a source of much discussion over the years. Inthe doctrine of consideration was under review by the English Law Revision Committee.

Regarding your last question, the main doctrine that is weakening the doctrine of consideration, and which would be used by the courts in the absence of a doctrine of consideration, is the doctrine of promissory estoppel.

A discussion of the doctrine of consideration
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