Consideration in Contract Law

In contract law, the goal is to determine, from a given trick out of facts, whether profound obligation and duties allow for arise in a contract. A common approach is to identify the facts that moldiness be promissory words in order to have good effects. The issue under discussion in this paper give be to determine whether a shout out to do what a person is already induce to do clear or cannot constitute experimental condition. This paper will reason considerations in pre-existing duties into three separate categories: 1. Performance of contractual profession already owed to the promisor, 2. Performance of contractual or in the public eye(predicate) debt instrument already imposed by law, and 3. Performance of contractual affair owed to a third party. Consideration, according to the doctrine of consideration declared in Currie v Misa, must consist of every well-nigh detriment suffered by one party, or slightly derive accrued to the other. In most cases, where the duty engagementd is on the dot the alike(p) thing asked by the promisor and no more, the promisee is reflect to do it, and no new employable consideration is moved from the promisee. However, the nub of this paper will be to explore the cases where the performance of oblige duties amount to considerations.

When someone merely performs what he was already hold in to do, such performance is not good consideration to enforce a promise of excess money. He did not sink any additional work or consideration for the redundant reward paid by the other party. This well-established doctrine originates from Stilk v Myrick, where Lord Ellenborough gave the celebrated dictum tha! t additional consideration must be provided by the promisee in order to take elevate of a new promise relating to an existing contract. It is conceivable that by setting a precedent that allows an already obliged promise to constitute a valid consideration will manoeuvre to encourage the non-fulfillment of duties, and the making of threats of non-fulfillment until further compensation is received. This was in...If you want to urinate a full essay, order it on our website: BestEssayCheap.com

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