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Chapter

Cover Essential Cases: Equity & Trusts

Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, King’s Bench Division  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, King’s Bench Division. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover Essential Cases: Equity & Trusts

Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, King’s Bench Division  

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130, King’s Bench Division. The document also includes supporting commentary from author Derek Whayman.

Chapter

Cover O'Sullivan & Hilliard's The Law of Contract

5. Consideration and estoppel  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores and defends the consideration requirement in the enforceability of contractual obligations, both when the contract is formed and if it is varied, refuting some of the criticisms calling for the requirement of consideration to be reformed or abolished in English law. It defines consideration as the ‘price of the promise’ and clarifies that an act or promise must have been requested by the promisor to count as consideration. It explores issues such as past consideration, performance of an existing contractual duty, and part payment of a debt, for which latter issue the common law rule is ameliorated by the equitable doctrine of promissory estoppel.

Chapter

Cover Contract Law Directions

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

Cover Contract Law Directions

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

Cover Poole's Casebook on Contract Law

3. Enforceability of promises: consideration and promissory estoppel  

Robert Merkin KC, Séverine Saintier, and Jill Poole

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. In order to be enforceable, a promise must either be supported by consideration or be expressed in the form of a deed. This stems from the assumption in English contract law that only bargains should be enforced. This chapter examines the enforceability of promises, focusing on consideration and promissory estoppel. The case law has addressed what can constitute consideration and whether a promise can be enforced in the absence of consideration. The chapter focuses particularly on the enforceability of alteration promises, discusses part-payment of a debt, when and how the doctrine of promissory estoppel will operate, and how far the doctrine can be extended.

Chapter

Cover Poole's Casebook on Contract Law

3. Enforceability of promises: consideration and promissory estoppel  

Robert Merkin and Séverine Saintier

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. In order to be enforceable, a promise must either be supported by consideration or be expressed in the form of a deed. This stems from the assumption in English contract law that only bargains should be enforced. This chapter examines the enforceability of promises, focusing on consideration and promissory estoppel. The case law has addressed what can constitute consideration and whether a promise can be enforced in the absence of consideration. The chapter focuses particularly on the enforceability of alteration promises, discusses part-payment of a debt, when and how the doctrine of promissory estoppel will operate, and how far the doctrine can be extended.