...In English law if other than the promisee provide consideration, then the promise could not be enforce by the law. This problem usually may arise when third party involve. For example in the case of Price v Easton (1833), In this case X are doing work for Easton and Easton make a contract with X. In return for X services Easton would pay a price of $19 to Price. The work was done by X but Easton didn’t make any payment to Price and Price sue Easton. Court held that Price claim failed as he didn’t make any consideration. However under the Malaysia law third party of promise are allowed to provide consideration. Section 2(d) of contract Act 1950 define consideration as “when at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something such act or abstinence or promise is called a consideration for the promise”. For example in the case of Kerpa Singh v Bariam Singh [1966], The defendant own RM8,869.94. In order to settle the debt the defendant son offer a cheque to plaintiff RM4,000 in full settlement for his father debt. The plaintiffs cash the cheque and demand for the balance of the debt. The federal court ruled that as the plaintiff cash the cheque. It is consider that the plaintiff has acceptance the defendant son offer in full satisfaction preclude the plaintiff to claim the balance of the debt. This means that, for an agreement to be binding...
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...Campbell 317 170 E.R. 1168 BY ROHAN GOSWAMI NATIONAL LAW UNIVERSITY, ODISHA ROLL NUMBER: 042 SEMESTER: SECOND SEMESTER COURSE: B.A. L.L.B Email: 12BA042@nluo.ac.in FEBRUARY 2013 This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy. Issues that would be dealt with in the following case analysis: * The Law as it stood before the Case, * Properly structured facts of the Case, * Issues before the Court, * Issues which were determine by the Court, * Identifying such issues if any, which the Court did not determine, * Properly stating the Decision of the Court, * The reasons as identified by the Court for its Decision, * Your analysis of whether the issues were framed properly or not, * Your analysis as to the correctness of the reasoning of the Court and * Your Opinion on the impact of the decision on the Law in general. The Law as it stood before the Case Pre-existing Duty Rule: This case was decided on the basis of Principle of CONSIDERATION under the existing Law of Contracts and the law was same before the ruling of this case. When a seaman is bound by his contract of service to serve for a particular voyage, a promise to increase his wages, unless there is increased duty or hazard, does not bind the promisor.2 It is otherwise, however, if the promise is made in consideration of increased peril and labor under circumstances which would...
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...Salford Law - Salford Business School Assessment 1 Module leader: Mr. Donal Loftus Module title &module code: | Contract Law 35587 | Level 4Erasmus program | Title of assignment | In Contract law, how far do you agree with the claim that the traditional rules of consideration have been relaxed in order to maintain effective business relationships? | Programmes undertaking the assignment | LLB (Hons) Law | Pupil | Juan López MartínezID: 004426895 | Hand-in date | Friday November 06th 2015 | INTRODUCTION First of all, the definition of Consideration is going to be stated. Consideration is an essential fact in the elaboration of a contract. It may consist of a promise to perform a desired action or a vow to abstain from doing any act that one has the legal right to do. A bilateral contract is an agreement by which both parties exchange mutual promises, every promise is considered to be sufficient consideration for the other. On the other hand, a unilateral contract is an agreement by which one party makes a promise in base of obtaining something in return from the other part. This ‘something in return’ is the consideration of the promise, and the promise is the consideration of the performance. Namely, this is the promise of a promise or promise made in return for a particular action. There’s going to be consideration if the price is being offered to the other party. An Orthodox way to define consideration is based on the idea of reciprocity, whereby...
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...Consideration is one of the elements that are required to form a contract. In consideration, both parties must promise to give or do something for the other. (Note: if a contract is made by deed, then consideration is not needed.) In other word, consideration can be described as the mutual rights and promises made by the parties to a contract. This can be either a promise to do something that a person not legally obligated to do, or a promise not to do something that a person have the right to do (often, this means a promise not to file a lawsuit). There are a lot of rules that must be taken in order to govern consideration. One of them is consideration can be present or future, but not past. Present consideration is executed when the consideration is performed at the time the contract is made. As an example, Lin offers RM100.00 reward for the return of her lost handbag, if Alex finds the bag and returns it, Lin's consideration is executed. Meanwhile, future consideration will happen when there is an exchange of promises to perform acts in the future. For example, Mei promises to deliver goods to John at a future date and John promises to pay on delivery. If Mei does not deliver them, this is a breach of contract and John can sue. However, past consideration is not a valid consideration and has no legal value. Past consideration arises when a promisee’s action has happened before the promisor made his promise. This can be proved in the Roscorla v. Thomas case. In this case...
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...Jack Tallas did not have proper consideration. The contract between Dementas and Tallas promised Dementas $50,000 for past services rendered. Past performances are not considered valid consideration, making the contract between Dementas and Tallas unenforceable. Dementas chose to appeal the court's decision. Facts Jack Tallas was an immigrant from Greece, who moved to Salt Lake City, Utah in 1914. While in Utah, Tallas bought and rented out properties. During the last 14 years of Tallas' life he befriended Peter Dementas, who provided at least some assistance to him, helped manage his rental properties and provided transportation for errands. On December 18, 1982, Tallas dictated to Dementas, in Greek, a memorandum stating that upon his death, Dementas will receive as payment $50,000 for past services rendered to Tallas, and at a later date Tallas would add this to his will. The memorandum was then translated, by Tallas, into English, and then notarized by Dementas. The next year, Tallas passed away on February 4, without adding Dementas to his will. When Dementas made a claim with Tallas's estate, the claim was denied, and Dementas filed suit against Tallas's estate. The trial court dismissed Dementas suit, saying that the contract was not enforceable, because it lacked valid consideration. Dementas then appealed the decision. Issue Was the contract between Dementas and Tallas enforceable, based on whether or not the consideration in the contract was valid? Holding/Decision...
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...obedience are two terms that often come associated to each other. The Oxford Dictionary defines authority as “the power or right to give orders, make decisions, and enforce obedience” or “the power to influence others, especially because of one’s commanding manner or one’s recognized knowledge about something”. While obedience, is defined as, “compliance with an order, request, or law or submission to another’s authority”. The following is from a website that easily shows how authority, obedience, and respect get confused in the workplace, “In the workplace, power over others is often mistaken for authority. (Bier, D 2001). Often times those in an authority position in the workplace confuse their position with control and power, which is not the case. When this happens those who work within the organization tend to feel some type of resentment for that individual in the leadership position. To respect someone is to show them consideration because of their position or place in your life. The Bible tells children to respect their parents, church members to respect their pastors, citizens to respect the law, and employees to respect their employers. 1 Peter 2:18: “Slaves, submit yourselves to your masters with all respect, not only to those who are good and considerate, but also to those who are ha References Bier, D. (2001) Authority in the workplace. P1 Retrieved from http://www.essences.com/vibration/nov01/foxglove.html , May, 03,...
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...reward of RM3,000. The issue is whether John is entitled to the reward of RM3,000 that have been offered by Jenny. Under section 26 of the Contract Act 1950 (“CA”) provides that as general rule, an agreement without consideration is void. Section 2 (d) of CA provides the definition of consideration as ‘When, at the desire of promisor, the promise or any other person has done or abstains from doing something, or does or abstain from doing, or promises to do or abstain from doing something, such act or abstinence or promise is called a consideration for the promise.’ Section 26 (b) provide that an agreement without consideration is void unless it is a promise to compensate a person who has already voluntarily done something for promisor. Illustration 9 (c) to Section 26, CA 1950 shown: A finds B’s purse and gives it to him. B promises to give A RM50. This is contract. In the case of Lampleigh v Brahwait, the court held that an act originally done at the request of the promisor, a promise made subsequent to the doing of that act, was deemed binding since the act constituted consideration. Applying the principle above, it is clear that there is consideration for the promise made by Jenny. Past consideration may be a good consideration. As John returned Spots to Jenny within 10 days of the advertisement, according to the advertisement, it is valid for John to entitle to the reward of RM3,000. In conclusion, john is entitled with the reward of RM3,000 because...
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...BANGCORE , of Damsite Manlilisid Javier, Leyte (hereinafter known as "Buyer"). Buyer and Seller shall collectively be known herein as "the Parties". BACKGROUND WHEREAS, Seller desires to sell the vehicle described below, known herein as the "Acquired Vehicle", under the terms and conditions set forth below; WHEREAS, Buyer desires to purchase the Acquired Vehicle offered for sale by Seller under the terms and conditions set forth below; and, therefore, TERMS AND CONDITIONS IN CONSIDERATION of the mutual promises and other valuable consideration exchanged by the Parties as set forth herein, the Parties, intending to be legally bound, hereby agree as follows: A. Description of Acquired Vehicle. 1. Make: HYUNDAI PORTER 2. Model: 1997 3. Serial No.: LMC94-00228-C 4. Motor No.: D4BXL248555 5. Plate No.: UND512 6. File: 1304-00000118567 B. Consideration. 1. Purchase Price. The total purchase price to be paid by Buyer to Seller for the Acquired Vehicle is ONE HUNDRED FORTY THOUSAND PESOS (P140,000.00) (hereinafter "Purchase Price") consisting of the following components: i. Down-payment: P40,000.00 (Due to Seller on or before execution of this agreement.) ii. Remaining balance worth P80,000 payable within one year on installment basis. IN WITNESS WHEREOF and acknowledging acceptance and agreement of the foregoing, Seller and Buyer...
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...What is the difference between conditions and warranties? Why do we need to distingusih between the two? Conditions and warranties a key areas that govern the broader terms of the contract. These components help to establish where and how breaches may occur, and which remedies are available for a plaintiff to pursue. In order to determine what the terms are, another determination must be made as to what the parties have expressly agreed to, either orally or in writing. Terms can be either express or implied. Express terms are agreed by both parties either orally or in writing. When the agreement is made strictly via word of mouth, there must be a determination on validity of the evidence given as to what was said and agreed. For this reason, business contracts are usually made in writing. When contracts are made it is easy to discover the terms, although problems my often arise due to interpretaion of these terms. Once a written contract has been created, it is presumed that all terms are included in the document, as such oral evidence of an agreement made in spite of the existence or a written contract will usually be inadmissable- this because the parties are presumed to have included every term they were intended to be bound by in the document. This is known as the 'parol evidence' rule, and has been recognized to have the potential of being particularly harsh in some cirumstances. Because of this, certain exceptions to this rule have been established. As an example...
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...Critically Evaluate the Law in the areas of Murder and Voluntary Manslaughter and include the consideration of possible reforms. Homicide, in English criminal law is a generic term covering offences such as murder, manslaughter and death by dangerous driving. What they all have in common is the unlawful killing of a human being, and what distinguishes them is the state of mind of the defendant who has caused the death or the defences available to them. According to Coke's classic definition, Murder is when a man of sound memory and of an age of discretion unlawfully killed within the any country of the realm any reasonable creature in rerum natura (the person) under the King's peace with malice afore thought either expressed by the party or implied by law. [So as the party wounded etc die of the wound or hurt, etc within a year and a day of the same]. Coke's definition should not be read literally and it is neither accurate or helpful. For instance, any person can be found guilty of murder and the year and a day rule was abolished by S1 law Reform Act 1996. The reference to 'malice afore thought' this suggests some element of planning and ill will on the part of the murder when in truth it can be spontaneous and the law requires no evidence of ill will. From the outset it should be started that a few centuries of Jurisprudence and the odd statutory intervention such fundamental terms as causation & intention let alone when does life begin and end should have been well matured...
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...Essentially, consideration is one of the sixth elements of contract which will be discussed in this essay. According to Lord Pollock, in Dunlop v Selfridge Ltd, consideration is ‘an act or forbearance of one party or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable,’ Some elements of consideration which also will be discussed are it must be sufficient in the eyes of law, it need not be adequate, it must not so vague, it can be present or future, but cannot be past. In this essay, I am going to discuss about consideration needs only be sufficient, not adequate and to consider whether there is a sufficient consideration in situations where there is pre-existing legal or contractual duty, and in situations as in Williams and Roffrey Bros or practical benefit. Consideration need only be sufficient, not adequate. It means the court has no interest in determining whether the consideration for a promise is equal to the value of that promise. As long as there is some consideration provided for the promise, the court will enforce that promise. Furthermore, it can be divided into 4 parts. The first part is consideration must have value in the eyes of the law. It means the price does not necessarily to be right as long as there is a value, and the court will not process any further. The case that illustrates this concept is Chappel & Co. v Nestle Co. Ltd. Nestle offered the opportunity to purchase recorded...
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...Legal Enviroment of Business MBA-535 Saint Leo University Dementas v. Estate of Tallas Case Brief Tibetha Pascal 3 April 2016 1. Dementas v. Estate of Tallas., 764 P. 2d 628-Utah Court of Appeals (1988) 2. Procedural History This case was brought to trial court or Court of Appeals, where the trial court deemed lack of consideration for Dementas’ claim. The court basically said that the contract between the two parties, Jack Tallas (defendant) and Peter Dementas (plaintiff) did not prove to show/have proper consideration. The said contract between the two parties, was that Tallas promised Dementas $50,000 for past performance. However, past performances are normally not considered valid consideration in most courts. Therefore, the court rules this contract was unenforceable. As a result of the ruling, Dementas decided to appeal the court’s finding. 3. Facts In Salt Lake City, Utah, 1914, an immigrant named Jack Tallas migrated from Greece to start a life as a businessman. Tallas bought properties, many of which he rented out. During his time in Salt Lake City, Tallas befriended Peter Dementas, who over the past 14 years leading up to Tallas’ death provided services which consisted of helping Tallas to manage properties, providing transportation when needed to include going back and forth to the grocery store, doctor’s appointments and the post office. In December of 1982, the 18th day, Tallas verbally told Dementas in Greek, that upon his death, Dementas...
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...“sufficiency of consideration” and “adequacy of consideration”. Give an example of each. Consideration contains two parts: something of legally sufficient value must be given in exchange for a promise (often a promise for a promise), and there must be a bargained-for exchange. Legal value can be a promise, performance, modification or destruction of a legal right. Legal sufficiency of consideration involves the requirement that consideration be something of legally sufficient value in the eyes of the law. For something to be legally sufficient, consideration for a promise must be either legally detrimental to the party receiving the promise (promisee) or legally beneficial to the one making the promise (Promisor). For example, it must be legally valid. Something of legal value must be given in exchange for a promise. It may be a return promise if it is performance, that performance may be an act other than a promise, or a forbearance refraining from action. Carbone Inc., begins construction on an office building and after 4 months demands an extra $60,000 on its contract. If the extra $60,000 is not paid, he contractor will stop working. The owner of the land, finding no one else to complete the construction, agrees to pay the extra $60,000. The agreement is unenforceable because it is not supported by legally sufficient consideration. Carbone Inc., had a preexisting contractual duty to complete the building construction. Adequacy of consideration refers to the...
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...Dina enrolls in Eagle, attends full-time for four years, and graduates. When Dina asks Chris for $40,000, Chris says, “I don’t remember promising you $40,000. But if there was a promise, it’s not enforceable, because we didn’t bargain for it. And even if there was a promise that would otherwise be enforceable, I revoke it now.” Can Dina enforce Chris’s “promise”? Why or why not? Starting at the beginning we must determine if this is a promise, gift or contract. Consideration distinguishes contracts from gifts. For there to be a contract there must be something of value given in exchange for the promise. In this case, Chris promised $40,000 in exchange for Dina graduating from a specific college, Eagle College. There was apparently a discussion about it that prompted Dina to enroll in and complete the course of study at that school. For the contract to be legally binding, there must be legal sufficiency and adequacy of consideration (fairness). Both the degree and the cash have value in the eyes of the law. We must however consider the fairness of the agreement, what value does Chris get from Dina’s completing school? Uncertain performance is related to promises exchanged when the performance of both parties is uncertain. Unfortunately for Dina, a promise is illusory. Illusory means based on illusion/not real. We should consider if a promissory estoppel could be put into place to enforce the promise. There are four requirements for this, there must in fact be...
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...increase and its effect on LI activities at its construction sites in Paramin and Biche respectively. After that meeting, JLL submitted a revised contract with the new pricing arrangement. LI accepted deliveries of the lumber planks from JLL, which reflected the new pricing arrangement of $120 but paid the initial contract sum of $100 per plank and as such, LI was in arrears to JLL. LI is adamant that they have a binding arrangement with JLL for two years ending 25th May 2016 to purchase lumber planks at $100 and JLL subsequent contractual arrangement in April 2015 failed for want of consideration. The Lawyers for LI has indicated that JLL is already obligated to sell at $100 per plank before the new contractual arrangement in April 2015 to sell at $120. Lightwood Industries (LI) is owned by Mr Lightwood, who is a friend of the family. He is aware that you are currently pursuing Business Law at UWI Open Campus and sought you advice on the issue. Please advise Mr...
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