Contract Law Question

Question

Intention to create legal relations could be used to replace the doctrine of consideration. There is not reason in principle why a gratuitous promise seriously meant should not be enforced. Discuss

唔係好明條問題要答d咩, 可否幫忙. 非常感激.

Answer 1

討論一下
為了創造一個法律的關係，應該相方都會有consideration
為什麼，一個無報酬的承諾，點解在法律上是沒有效力?
1. Consideration

1.1 Definition
· Exchange of promises (both ways)
· Gift not enforceable
· Specialty contract: Deed

1.2 Types of consideration
· executed
· executory
· past consideration is not a valid consideration
* Roscorla v Thomas [1842] (horse free from vice)

1.3 Consideration must move from the promisee - privity of contract
· Stranger, third party
* Dunlop Pneumatic Tyre Co Ltd v Selfridge Co Ltd [1915] (Dunlop sold to Dew which later sold to Selfridge)

1.4 Consideration must be legal
(see lecture on illegal contracts)

1.5 Consideration must be sufficient but need not be adequate
Consideration must be something of value (sufficient)
e.g. forbearance to sue.
Court is not concerned with the market value (adequacy).

2006-12-17 08:22:09 補充：
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