consideration: 1) Consideration must move at the desire of the promisor: the act done or loss suffered by the promise must have been done or suffered at the desire or request of the promisor. The act done at the desire of a third party or without the desire of the promisor cannot be a good consideration. It is not necessary that the promisor himself should be benefited by the acts of the promise. The benefit may be intended for a third party. But the desire or request of the promisor is essential
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Is about the enforceability of all alteration promises (promises to pay more and promises to accept less) and by contrast estoppels does not apply to promises about the formation of initial contracts Ex. If a creditor promises to accept a smaller sum in full settlement intending the debtor to rely on that promise‚ and the debtor does rely on it‚ the debtor may have a defence of promissory estoppels when sued for the balance by the creditor. The promise will in this way‚ be enforced despite the absence
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Illusory Promises a. Output and Requirement Contracts b. Exclusive Dealing Contracts c. Conditional Promises 5. Pre-existing Obligation a. Modification of a Pre-existing Contract b. Substituted Contracts c. Settlement of a Undisputed Debt d. Settlement of an Disputed Debt B. Bargained-For-Exchange 1. Past Consideration 2. Third Parties C. Contracts without Consideration 1. Promises to Perform Prior Unenforceable Obligations a. Promise to Pay Debt Barred by the Statute of Limitations b. Promise to Pay
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Ethics essay – Kantian ethics a.) Explain Kant’s concept of duty Immanuel Kant was a German philosopher who was concerned with producing an ethical theory that was logical and absolute‚ and did not change depending on the situation‚ countering the views of John Locke and other empiricists of the time. His ethics are based on duty‚ rather than looking at the end product of an action. He thought that his theory was so important that it could be rivalled with the Copernican revolution‚ in that it would
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Poole: Contract Law ANSWERS - SELF TEST – ENFORCEABILITY OF PROMISES– INTENTION TO CREATE LEGAL RELATIONS‚ CONSIDERATION‚ PROMISSORY ESTOPPEL AND DURESS 1. What is the effect of including an "honour clause" in a written agreement? (2) An "honour clause" has the effect of rebutting the normal presumption of an intention to create legal relations in a commercial agreement (1). Its effect is to render the agreement binding in honour only so that it will not be a legally binding contract. (1) 2. What
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oral complexity in the making and keeping of promises The making of a promise involves the voluntary giving of one’s word that‚ if and when a particular circumstance or situation comes about‚ one will undertake to act in a manner defined by the terms of the promise one has given. The act of making the promise‚ in other words‚ implies a willingness to keep it. What is being agreed is that‚ on the basis of something said in the past‚ one’s future actions will‚ insofar as the future is foreseeable
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Chapter 7: promises supported by estopped * Estoppel: situation where a person is precluded from saying something – namely the denial that a promise has been made. Protects person from the injurious consequence of reliance. * For example : creditor agrees to accept lesser sum in discharge of a greater sum‚ cant reclaim full payment refer to D & C Builders Ltd v Rees Estoppel Generally: * Different forms of estoppel: common law estoppel‚ estoppel in pais‚ estoppel by representation
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there is an exchange – whether that’s a promise for a promise‚ performance for a promise‚ etc… this is called consideration. The promises/performance have to be influencing the other party to act/promise. *i.e. the ‘fuzzy coughdrop’ rule* i. RESTATEMENT §71 There needs to a ‘bargained for’ exchange: a performance or promise for a performance or promise. - This return performance or promise must be ‘sought for’ by the promisor in exchange for his promise (sought for means it must influence him
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Controversies and challenges of consideration. For a contract promise to be enforceable‚ that promise must normally be supported by consideration. Any contractual promise must be supported by consideration unless an exception applies. A promise will be supported by consideration if it’s given as part of a bargain or exchange rather than a gift. Second‚ the promiser or 3rd party should receive some act forbearance or return promise. If the promise is doing something or promising to do something different
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of the extra cost. The issue in this case is whether S4H can recover the money from Newland. Promissory estoppel prevents a promisor from going back on his or her promise if the promisee relies on the promise to their detriment. It allows a party to recover on a promise and prevents the other party from arguing that his or her promise should not be upheld. The equitable doctrine of promissory estoppel was established in Central London Property Trust v High Trees Limited
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