Rules of consideration 1. Consideration must not be past: Re McArdle (1951) Ch 669 Court of Appeal Majorie McArdle carried out certain improvements and repairs on a bungalow. The bungalow formed part of the estate of her husband’s father who had died leaving the property to his wife for life and then on trust for Majorie’s husband and his four siblings. After the work had been carried out the brothers and sisters signed a document stating in consideration of you carrying out the repairs we agree
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[pic] “Consideration and its rules” Assignment# 1 [Law-200] Prepared By: Prepared For: Name: M Shahajada Hossain Barrister Ishtiaque Ahmed (ItA) ID#: 071-573-530 Section: 09 B.B.A Date: 26th October‚ 2011. Consideration: Consideration is a very important element in a contract. While making a contract; parties of the contract agree
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Legal rules as to 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
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Business Law(BL) John is an offeror as he is putting his property out at 2 million and this offer may also be made to the world at large not just individuals or specific groups of people(Carhill v Carbolic Smoke Ball Co 1893). After having assessing through the situation of Adam and Bill‚ i would like to touch on assessing Adam’s situation first. In this scenario‚ John was the offeror as he offered 2 million for the house and Adam is the offeree but as Adam was the first viewer of the house
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1. Intention “It is essential to the creation of a contract that the parties intend their agreement to be binding in the sense of being enforced by a Court. In most instances the parties will make no express reference to this requirement. Therefore the courts must construe the intention of the parties by using the objective test: After considering all the relevant circumstances‚ would a reasonable person conclude that the parties had intended to contract”. Required Please discuss the above
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approaches to the definition of ‘intention’ in English Criminal Law? Introduction Intention is a fundamental term in English Criminal Law. Numerous criminal offences are defined as to require the proof of intention. It might be expected that the meaning of such a fundamental term would be settle a long time ago‚ however ‚ that is not the case. Over the years there had been conflicting debate and courts had faced great difficulty in defining intention. Intention had been defined inconsistently
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Consideration Student Name Instructor Name University Affiliation Date Abstract Consideration is the price that the promisor asks in exchange for their promise‚ that is‚ the price of a given promise. Consideration is not a significant part of a contract in a number of jurisdictions. Once parties have reached a binding agreement‚ that becomes sufficient. Nevertheless‚ the common law requires that for agreement to be binding‚ the person to whom a promise is made (promisee) must offer
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Consideration In contract law consideration is concerned with the bargain of the contract. A contract is based on an exchange of promises. Each party to a contract must be both a promisor and a promisee. They must each receive a benefit and each suffer a detriment. This benefit or detriment is referred to as consideration. Consideration must be something of value in the eyes of the law - (Thomas v Thomas). This excludes promises of love and affection‚ gaming and betting etc. A one sided promise
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LAW OF CONTRACT Subject Code : 101 TOPIC : VALUE OF INSUFFICIENCY OF CONSIDERATION IN CONTRACT PRESENTED BY : NAME : Siddharth Dalabehera ROLL : 1283092 COURSE : BA LLB (B) UNDER THE GUIDANCE OF : MS. Jinia Kundu and MR. P. K. Ghosh ACKNOWLEDGMENT I owe a great many thanks to a great many people who helped and supported me during
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agree to buy the car for HK$85‚000 within the week that is an acceptance of the offer‚ however‚ the letter was lost in the post. Under the postal rule‚ an acceptance made by posting a letter is effective when it is posted (with prepaid stamp and proper address) even if it is delayed/lost in the post or never reaches the addressee (offeror). The postal rule was set out in Adams v Lindsell (1818) : On 2 September 1818 the defendants posted an offer to sell some wool to the claimant. The offer asked
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