Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stilk v Myrick [1809] EWHC KB J58; (1809) 2 Camp 317. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Stilk v Myrick [1809] EWHC KB J58; (1809) 2 Camp 317
Chapter
Stilk v Myrick [1809] EWHC KB J58; (1809) 2 Camp 317
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stilk v Myrick [1809] EWHC KB J58; (1809) 2 Camp 317. The document also includes supporting commentary from author Nicola Jackson.
Chapter
4. Consideration and estoppel
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explains the nature of consideration with the aid of examples and discusses two basic definitions of consideration (consideration as a legal benefit or burden and as the price of a promise) as well as the past consideration rule. It addresses whether performance of an existing duty can count as a legal benefit or burden to form consideration for a promise. It considers existing public duties, existing duties owed to a third party and existing duties owed to the promisor. The chapter examines the related rules concerning part payment of a debt and the extent to which promises not supported by consideration can be enforced using promissory estoppel.
Chapter
4. Consideration and estoppel
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explains the nature of consideration with the aid of examples and discusses two basic definitions of consideration (consideration as a legal benefit or burden and as the price of a promise) as well as the past consideration rule. It addresses whether performance of an existing duty can count as a legal benefit or burden to form consideration for a promise. It considers existing public duties, existing duties owed to a third party and existing duties owed to the promisor. The chapter examines the related rules concerning part payment of a debt and the extent to which promises not supported by consideration can be enforced using promissory estoppel.
Chapter
Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1. The document also includes supporting commentary from author Nicola Jackson.
Chapter
Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1. The document also includes supporting commentary from author Nicola Jackson.
Chapter
4. Consideration
This chapter looks at the requirement of consideration; the basic idea, how it works, that it will usually not be a problem because supplying the consideration is generally the whole purpose of the contract (the ‘bargain’), but that the courts will sometimes ‘find’ consideration when none is readily apparent, and will not require it to be of adequate value. It goes on to consider performance of an existing duty by one party as consideration for a new promise by the other party, particularly in the light of the approach taken in Williams v Roffey Bros. It also looks at the related problem (and emphasizes the relationship) of a promise to forego part of a debt in return for payment of part of what is owed in the light of the traditional approach taken in Foakes v Beer, and the recognition of promissory estoppel in High Trees. The significant case of Rock Advertising Ltd v MWB Business Exchange Centres Ltd is explored in detail in this chapter.
