We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Doctrine of consideration - Article Example

Comments (0)
When having to decide on the interpretation of terms included in a contractual agreement, the court usually follows a series of standards methods in order to formulate a secure and fair opinion. In this context, the doctrine of consideration has been traditionally regarded as one of the most fundamental 'vehicles' for the resolution of disputes involved in the obligations and the rights created through a contract…
Download full paper
Doctrine of consideration
Read TextPreview

Extract of sample
Doctrine of consideration

Download file to see previous pages... As a matter of positive law, the doctrine of consideration crystallized in the reign of Elizabeth I into a number of rules which are still clearly recognizable by the modern common lawyer. First, if a person received a benefit at the hands of the 11romise for which he promised to pay, the benefit was a sufficient consideration: in effect, the promise here was bought and paid for. Second, if the 11romise acted to his detriment in reliance on the promise, so that the non-fulfilment of the promise would cause him actual pecuniary loss, the detriment was a sufficient consideration. ...
ions that created debts; In popular etymology this was the very essence of the idea of contract, actus contra actum; With the shift towards liability based on promises, at least on the surface, it was by no means obvious that the same theory should apply, and there developed an alternative formulation of the criteria that marked off binding promises from non-binding ones; by the second half of the sixteenth century this had come to be known as 'consideration' (Ibbetson, 1999, 141). In order to understand its nature and development, it is essential to look at it on two levels, the formal and the substantial. In formal terms, 'it is difficult to talk of any doctrine of 'consideration' before about 1560; While it seems clear that lawyers before this time had the idea that there was some additional factor that was needed to make promises binding, there was no consistent way of describing it; The sources reveal a variety of terms: consideration, causa, recompense, quid pro quo. As the action of assumpsit became established, consideration emerged as the term that described the necessary feature. At a straightforward linguistic level, 'consideration' meant little more than 'reason' or 'motive', so that the consideration for a promise can be seen as the reason for which it was made while the standard definition of it found by the early seventeenth century underlines this: 'A cause or occasion meritorious requiring mutual recompense, in fact or in law. Substantively speaking, though, such a definition of consideration seriously misrepresents its meaning' (Ibbetson, 1999, 142)

The earliest example of a case in which there is an express averment of consideration is Newman v. Gylbert (1549). The plaintiff declared on a payment of five shillings and also averred that the defendant ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
Case Analysis: R v Chaouk [2013] VSC 48
In the first ruling made by his honor Justice Lasry it was argued that the accused would be declined a fair trial if at all he was dispossessed his right of having his solicitor present. That position was accepted by his honor who cited 16 duties that are within the delineate role of a solicitor.
9 Pages(2250 words)Article
Unilateral and bilateral contracts
Conversely, unilateral contracts operate on the basis that one party promises to do something in return for an act of the other party as opposed to any promise. The essence of the unilateral contract is that only one party is bound to perform an obligation in return for the "reward"3.
9 Pages(2250 words)Article
Women's Suffrage Article
Consistent with this fact, the leaders for the women's suffrage movement too emerged from these geo-politic landscapes. This essay will focus on the evolution of the movement starting from the last decades of the nineteenth century and through its successful culmination toward the end of the First World War.
10 Pages(2500 words)Article
Comparative Legal System
English law is regarded as a common law rather than a civil law system (i.e. there has been no major codification of the law, and judicial precedents are binding as opposed to persuasive). Although devolution has accorded some degree of autonomy to Wales politically, it still doesn't have and sovereign powers of law-making, thus the legal system administered through criminal and both civil courts remains unified.
12 Pages(3000 words)Article
Principle of consideration
Situations like these render requirement of consideration in a contract a very essential one for determination of its validity. One of the ingredients of a contact is consideration. Generally promise is enforceable when consideration is present for only then are parties to the contract are understood have intended to create legal relationship amongst themselves.
6 Pages(1500 words)Article
Constitutional Law Article
The United Kingdom has no written constitution not like other states or countries, it has always been the Parliament that has been regarded as the supreme authority with regard to statutes and laws are concerned. The exercise of the Parliament to draft its laws is the only way subsequent statutes can be in conformed to considering that there is no written constitution.
14 Pages(3500 words)Article
The Role Of The Catholic Religious Education Specialist Teacher
Religion teaching is a ministry and not merely a profession because the personal qualities and professional activity of the instructor are intertwined and "rooted in God and relationship with Jesus" (Ferder, 1999:163). The role of the Catholic Religious Education (RE) specialist teacher is a significant one, with the potential for radical, positive impacts on students’ spiritual, psychological, social well-being and life skills.
12 Pages(3000 words)Article
Public relations in music and media subject
It is evident that the recorded music sales are in steep decline and rising digital sales are offsetting in part the physical market decline, which could potentially offset part of the physical market by the end of this year, with analysts estimating the figure to be around $23 billion (Enders Analysis Report, 2008).
22 Pages(5500 words)Article
Principles of Political Liberalism
Having existed since the Age of Enlightenment, Liberalism has evolved into many different and sometimes conflicting forms and meanings1. Applied to the domain of politics, Liberalism turns into Political Liberalism. Generally, Political liberalism can be described to be somewhat near the Ayn Randian2 concept of individualism.
4 Pages(1000 words)Article
Promissory estoppel
After the completion of the work, Print UK refused to pay the bonus amount to its workers. Relying on the promise of Print UK Ltd, the latter's workers had worked extra hours, in order to complete the task. They completed this task, within the deadline, notwithstanding the fact that there had been a significant reduction in their strength.
11 Pages(2750 words)Article
Let us find you another Article on topic Doctrine of consideration for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us