|
Consideration (law)
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared consideration to be a “Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility”. Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable if one is thereby surrendering a legal right. Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A contracts to buy a car from B for $5,000, A's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roscorla V Thomas
''Roscorla v Thomas'' is a notable case in English contract law which demonstrates that past conduct is not sufficient consideration to support a contract. Facts An agreement for the purchase of a horse had been completed between buyer and seller. Following the completion of the contract, the seller made a warranty that the horse was "free from vice". Upon delivery, it was discovered by the buyer that the horse was vicious in behaviour. The buyer consequently sued. Judgement Lord Denman CJ delivered the judgement of the Court. "''It may be taken as a general rule, subject to exceptions not applicable to this case, that the promise must be coextensive with the consideration... a consideration past and executed will support no other promise than such as would be implied by law.''" The Court found for the defendant because his promise was unsupported by consideration. The consideration for the soundness warranty had already been made through the original contract of sale ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Champerty And Maintenance
Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation: *Maintenance is the intermeddling of a disinterested party to encourage a lawsuit. It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right." *Champerty (from Old French ''champart'') is the financial support, by a party not naturally concerned in the suit, of a plaintiff that allows them to prosecute a lawsuit on condition that, if it be brought to a successful issue, the plaintiff will repay them with a share of the proceed from the suit. In ''Giles v Thompson'' Lord Justice Steyn declared: "In modern idiom maintenance is the support of litigation by a stranger without just cause. Champerty is an aggravated form of maintenance. The distinguishing feature of champerty is the support of litigation by a stranger in return for a share of the proceeds." At common law, maintenance and champerty were both crimes and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peppercorn (legal)
In legal parlance, a peppercorn is a metaphor for a very small cash payment or other nominal consideration, used to satisfy the requirements for the creation of a legal contract. It is featured in '' Chappell & Co Ltd v Nestle Co Ltd'' ( 960AC 87), which stated that "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". Function in contract law In English law, and other countries with similar common law systems, a legal contract requires that each side must provide consideration. In other words, each party will give something of value to the other party for the contract to be considered binding. The situation is different under contracts within civil law jurisdictions because such nominal consideration can be categorised as a disguised gift. However, courts will not generally inquire into the adequacy or relative value of the consideration provided by each party. So, if a contract calls for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quid Pro Quo
Quid pro quo ('what for what' in Latin) is a Latin phrase used in English to mean an exchange of goods or services, in which one transfer is contingent upon the other; "a favor for a favor". Phrases with similar meanings include: "give and take", " tit for tat", "you scratch my back, and I'll scratch yours", and "one hand washes the other". Other languages use other phrases for the same purpose. Origins The Latin phrase ''quid pro quo'' originally implied that something had been substituted, as in ''this instead of that''. Early usage by English speakers followed the original Latin meaning, with occurrences in the 1530s where the term referred to substituting one medicine for another, whether unintentionally or fraudulently. By the end of the same century, ''quid pro quo'' evolved into a more current use to describe equivalent exchanges. In 1654, the expression ''quid pro quo'' was used to generally refer to something done for personal gain or with the expectation of reciprocit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Contract Act, 1872
The Indian Contract Act, 1872 prescribes the law relating to contracts in India and is the key act regulating Indian contract law. The Act is based on the principles of English Common Law. It is applicable to all the states of India. It determines the circumstances in which promises made by the parties to a contract shall be legally binding. Under Section 2(h), the Indian Contract Act defines a contract as an agreement which is enforceable by law. Development The Act as enacted originally had 266 Sections, * General Principles of Law of Contract – Sections 01 to 75 * Contract relating to Sale of Goods – Sections 76 to 123 * Special Contracts- Indemnity, Guarantee, Bailment & Pledge and Agency – Sections 124 to 238 * Contracts relating to Partnership – Sections 239 to 266 At present the Indian Contract Act may be divided into two parts: * Part 1: Deals with the General Principles of Law of Contract – Sections 1 to 75 * Part 2: Deals with Special kinds of Contract ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V Roffey
is a leading English contract law case. It decided that in varying a contract, a promise to perform a pre-existing contractual obligation will constitute good consideration so long as a benefit is conferred upon the 'promiseor'. This was a departure from the previously established principle that promises to perform pre-existing contractual obligations could not be good consideration. Facts Roffey Bros was contracted by Shepherds Bush Housing Association Ltd to refurbish 27 flats at Twynholm Mansions, Lillie Road, London SW6. They subcontracted carpentry to Mr Lester Williams for £20,000 payable in instalments. Some work was done and £16,200 was paid. Then Williams ran into financial difficulty because the price was too low. Roffey Bros was going to be liable under a penalty clause for late completion, so they had a meeting on 9 April 1986 and promised an extra £575 per flat for on time completion. Williams did eight flats and stopped because he had only got £1,500. New carpen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Glasbrook Bros V Glamorgan CC
''Glasbrook Brothers Ltd. v Glamorgan County Council'' 924UKHL 3 (19 December 1924) accessed 1 November 2016 is an and case concerning the liability of private parties paying for extra police protection. Facts During a strike, Glasbrook Brothers (the owners of a colliery) requested |
Hartley V Ponsonby
''Hartley v Ponsonby'' 85726 LJ QB 322 is a leading judgment on the subject of consideration in English contract law. The judgment constituted an amendment to the precedent set by ''Stilk v Myrick'' 809EWHC KB J58 that allowed contractual duties to be considered valid consideration for a future contract if the duties had changed to the extent that the original contract is considered discharged. Facts Hartley was contracted to crew a ship owned by Ponsonby. After docking, seventeen of the thirty-six man crew deserted, and only six of the remaining men were competent seamen.McKendrick (2007) 97 With so many crew members missing it was unsafe for the remaining crew to continue the voyage, but they agreed to do so after being promised extra pay once the ship docked. When the ship arrived at the home port, Ponsonby refused to pay the crewmen the extra wages he had promised. Judgment Lord Campbell CJ decided that although ''Stilk v Myrick ''Stilk v Myrick'' King's_Bench_on_the_su ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stilk V Myrick
''Stilk v Myrick'' King's_Bench_on_the_subject_of_ 809EWHC_KB_J58is_an_English_contract_law_case_heard_in_the_Court_of_King's_Bench_(England)">King's_Bench_on_the_subject_of_Consideration_under_English_law">consideration._In_his_verdict,_the_judge,_Edward_Law,_1st_Baron_Ellenborough.html" ;"title="Consideration_under_English_law.html" "title="English contract law">809EWHC KB J58is an English contract law case heard in the Court of King's Bench (England)">King's Bench on the subject of Consideration under English law">consideration. In his verdict, the judge, Edward Law, 1st Baron Ellenborough">Lord Ellenborough decided that in cases where an individual was bound to do a duty under an existing contract, that duty could not be considered valid consideration for a new contract. It has been distinguished from '' Williams v Roffey Bros & Nicholls (Contractors) Ltd'', which suggested that situations formerly handled by consideration could instead be handled by the doctrine of economic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pao On V Lau Yiu Long
''Pao On v. Lau Yiu Long'' 979UKPC 17is a contract law appeal case from the Supreme Court of Hong Kong">Court of Appeal of Hong Kong decided by the Judicial Committee of the Privy Council, concerning Consideration (law), consideration and duress in English law, duress. It is relevant for English contract law. Facts Fu Chip Investment Co. Ltd., a newly formed public company, majority owned by Lau Yiu Long and his younger brother Benjamin (the defendants), wished to buy a building called "Wing On", owned by Tsuen Wan Shing On Estate Co. Ltd. ("Shing On"), whose majority shareholder was Pao On and family (the claimants). Instead of simply selling the building for cash, Lau and Pao did a swap deal for the shares in their companies. Shing On would get 4.2m $1 shares in Fu Chip, and Fu Chip bought all the shares of Shing On. Fu Chip bought all the shares in Shing On, and Pao received as payment 4.2m shares in Fu Chip (worth $2.50 for each $1 share). To ensure the share price of Fu Ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Casey's Patents
Re or RE may refer to: Geography * Re, Norway, a former municipality in Vestfold county, Norway * Re, Vestland, a village in Gloppen municipality, Vestland county, Norway * Re, Piedmont, an Italian municipality * Île de Ré, an island off the west coast of France ** Le Bois-Plage-en-Ré, a commune on that island * Re di Anfo, a torrent (seasonal stream) in Italy * Re di Gianico, Re di Niardo, Re di Sellero, and Re di Tredenus, torrents in the Val Camonica * Réunion (ISO 3166-1 code), a French overseas department and island in the Indian Ocean Music * Re, the second syllable of the scale in solfège ** Re, or D (musical note), the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the United States Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * ''Re.'' (Aya Ueto album) * ''Re:'' (Kard EP) Other media * Resident Evil, popular video game franchise of survival horror * ''...Re'' (film), a 20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
