Just For Fun Quiz / Consideration and Promissory Estoppel

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Can you name the Consideration and Promissory Estoppel cases?

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Executory ConsiderationA promise to do, forbear, or '____', given in return for a like promise.
Executed ConsiderationAn '____' or '____' for a promise.
Consideration Rule 1The promise is subsequent to the act and independent of it.
M carried out work to a house jointly owned by members of her family. Upon completion, her relatives signed a document promising to pay for her work. Past consideration is no consideration.
Existence of a previous moral obligation was insufficient to support an express, but gratuitous promise.Claimant incurred the charges voluntarily.
An exception to past considerationCourt may be prepared to enforce the transaction if the service is performed at the promisor's request and in circumstances where both parties understand that payment will follow.
'the promise though it follows, yet it is not naked, but couples itself with the suit before, and the merits of the party procured by that suit, which is the difference.
 Original request being implied, the performance of the services raised an implication that they would be paid for and the subsequent express promise to pay merely fixed the amount on the basis of which the services were originally rendered.
D had requested C not to sell certain shares for a year and later promised to indemnify the claimant if the shares fell below a certain price..
Consideration Rule 2.
No consideration to refrain from a course of action which it was never intended to pursue.Two-party exchanges
Plaintiffs were induced by defendant's promise to part with something which they might have kept, and the defendant obtained what he desired by means of that promise.Two-party exchanges
X agreed with Y to pay a sum of money to Z. Z's action against Y's executors failed: No consideration had moved from Z.Third-party exchanges
Consideration Rule 3but must have some value in the eye of law
'a peppercorn does not cease to be good consideration if it is established that the promisee does not like pepper and will throw away the corn.' -Lord Somervell.
another case for CR3.
Weighing of the boilers. Dismantled, not returned in original state.
Consideration Rule 4Compromise of a claim arising out of an illegal contract is insufficient as consideration, unless the compromise arises out of a dispute of fact as to whether the contract is in fact illegal.
Securities in exchange for not pressing a claim against the Honduras GovtIf one of the parties to the compromise has no case, and knows there is no case... agreement to compromise will not be binding
Son alleged the father had promised to discharge him of liability in consideration of his promise to cease complaining....
'It is not consideration to refrain from a course of conduct which it was never intended to pursue'.
'A person who receives a subpoena is bound to attend and give evidence, thus no consideration for D's promise to give a sum of money for his troubles.
Police provided a stronger guard than deemed necessary at request of mining company.
There was consideration for a promise to pay a weekly sum to the mother of an illegitimate child if the mother proved the child was 'well-looked ater and happy''. Mother promised more than her statutory duty to maintain the child.
'A promise to perform an existing duty is, I think, sufficient consideration to support a promise, so long as there is nothing in the transaction which is contrary to public intere.
HintCase NamesHint
S promised to deliver to a third party X, or to his order.Obligations owed under a contract with third-party
Indemnity was the promise of the claimants to perform their pre-existing contractual obligations to Fu ChipObligations owed under a contract with third-party
Sailors... to do all they can under all the emergencies of the voyage.Obligations owed under a contract with promisor
Desertion of so many crewmen changed the remaining nature of the sailors duties to the point where the contract could be considered discharge..
'in my judgment the courts nowadays should be more ready to find its existence so as to reflect the intention of the parties to the contract where the bargaining powers are not une.
Payment of a lesser sum on the day of satisfaction cannot be any satisfaction for the whole debt..
i would not take 'any proceedings whatever' on the judgment..
Due to the doctrine of precedent, cannot extend Williams v Roffrey case to cases governed by Foakes v Beer.
Promises intended to be binding, acted on and in fact acted on.Promise to accept less rent while wartime conditions prevailed was binding despite the absence of consideration
C not allowed to take advantage of forfeiture which occurred... and 6mths period should run only from breakdown of negotiations..
Promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration - DenningLaw & Equity combined
Scope of Promissory Estoppel 1...although it need not be express and may be implied from words or conduct.
Scope of Promissory Estoppel 2...unless this promise has been induced by intimidation by the promisee.
Scope of Promissory Estoppel 3Promisee must have '____' in reliance on the promise made. The person to whom the representation is made must be shown to have acted detrimentally in reliance on it.
Scope of Promissory Estoppel 4Promisor on due notice, can resume the right which has been waived and revert to the original terms of the contract. However, promise can also become final and irrevocable when promisee cannot resume position.
Scope of Promissory Estoppel 5.
'if it did not accept this sum, it would get nothing'. DuressDefendants owed £482 to claimants in respect of work done for him.
Promisor, on giving adequate notice to the promisee, could resume its rights under the original agreementHard metal alloys...
'But there are cases where no withdrawal is possible. It may be too late to withdraw; or it cannot be done without injustice to the other party.'.
'You would not have gone on with the transaction anyway'. That must be mere speculation.Once it is shown that a representation was calculated to influence the judgement of a reasonable person, the presumption is that he was so influenced.
Promissory Estoppel not a cause of action.
Promissory, as opposed to proprietary cannot create a cause of action..
Estoppel by Conventionwhile a party cannot in terms found a case of action on an estopple, he may, as a result of being able to reply on that estoppel succeed on a cause of action on which without being able to rely on that estoppel, he would necessarily have failed.
Council went back on promise to provide a second point of access to a newly divided plot.Proprietary Estoppel gives rise to cause of action.

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