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It is to be ensured that each side must abide by the contract to do something in accordance with the contract. The condition is that if contract is not made by way of deed, then consideration is not needed. On 1 August 2000 John gives a cheque for £300 to Alison and says that he cannot afford to pay more as he has lost his job. Alison accepts the cheque in full satisfaction of the debt. In the mentioned case, Alison is not bound to accept the cheque of lesser consideration since according to the rule, past consideration is no consideration, hence, cannot be used to sue on a contract.
On 1 August 2000, John offers Alison some law books worth£300. Alison takes the law books and promises to forget about the £500 debt. Legally, a contract may be taken as an agreement between two or more parties with addition of detailed clauses that make both the parties to take legal action accordingly in case of breach of any clause of the agreement by the person making offer and the acceptor. The general applicable rule is that an acceptance by all means should be communicated to the offeror.
Without acceptance of the offeror, no contract comes into existence. Here, Alison was not bound by her promise. The situation regarding paying Alison 300 pounds and her forgetfulness about the remaining balance is quite different of the two mentioned hereinabove. In this case, John’s father met Alison to pay GBP 300/- towards validity of the debt of his son. We analyze the case in accordance with the Contract Law to come to the conclusion whether Alison is bound by her promise or not. According to the law of England, certain principles are fundamental in their nature.
In accordance with the second principle, if a person with whom a contract is not materialized, hence is unable to enforce it. Here, consideration must be authorized by him to the promisor or to some other person at the promisor’s request. As per the version of Lord Dunedin “I am content to adopt from a
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