Excellent essay, and I agree with your conclusion that a GMI will be necessary, although I would make receiving one conditional on an individual demonstrating their willingness to accept employment if it becomes available (as if it were a permanent form of unemployment insurance) and/or their enrollment in ongoing, subsidized education to pursue such employment…this is to avoid the “Wall-E” or “Idiocracy” outcome you mentioned in the article. Some special consideration should be given for artistic and creative pursuits as well…all these idle folk are going to need entertainment, after all.
The second strain is 'less for the same', which is part-performance. Usually a promise to accept part payment of a debt in discharge of the whole debt is unenforceable because there is no consideration. xiii This is illustrated in Foakes v.
Professor Atiyah has challenged the orthodox definition of consideration, arguing that 'the courts have never set out to create a doctrine of consideration'11 Professor Treitel rejects Atiyah's thesis by stating that the courts do recognise 'a complex and multifarious body of rules known as "the doctrine of consideration"'12 There is no clear definition of 'consideration', but it is generally observed that it involves one party giving or promising something in exchange for the other parties performance or promise of performance and is used as an enforcement mechanism in order to impose certainty, which is essential within contract law. If an individual is unaware that only contracts which involve a degree of bargaining, are enforceable and relies on the good faith of an agreement, the doctrine of consideration would seem to have an unfair effect upon this individual. Equitable rules have developed therefore to address this clear problem in the form of reliance, with promissory estoppel providing a means to which individuals can ensure they are not exploited when they offer no consideration. Promissory estoppel can be used 'Where, by words or conduct, a person makes an unambiguous representation as to his future conduct, intending the representation to be relied on and to affect legal relations between the parties, and the representee alters his position
Glidwell LJ states so long as 'b obtains in practice a benefit or obviates a disbenefit' and there is no duress or fraud on the part of A, then benefit is capable of being consideration, and the benefit enforceable... note it doesn't have to be that it is the A's detriment
Essay UK, Essay: Consideration. Available from:
contract concerned three successive shipments of coffee, seller accepted payment in English pounds for first two shipments, although originally in Kenyan shilling, currency of English pound goes down, CA held that the creditor was bound to be consistent and must accept English pound for third shipment--Lord Denning MR argued 'fair dealing' on basis of common law waiver and equitable estoppel, Megaw LJ reached same result by applying the notion of waiver, and Stephenson LJ found that a fresh set of terms had arisen: a binding variation, which involves contractual changes supported by requested considerations
Consideration: A Restatement Source: Essays ..
The same applies if the consideration is a performance for which the parties had previously contracted. For example, A agrees to paint B's house for $500, but halfway through the job A tells B that he will not finish unless B increases the payment to $750. If B agrees, and A then finishes the job, B still only needs to pay A the $500 originally agreed to, because A was already contractually obligated to paint the house for that amount.
Consideration: A Restatement : Essays on Contract - oi
The reason that both exist in common law jurisdictions is thought by leading scholars to be the result of the combining by 19th century judges of two distinct threads: first the consideration requirement was at the heart of the action of , which had grown up in medieval times and remained the normal action for breach of a simple contract in England and Wales until 1884, when the old forms of action were abolished; secondly, the notion of agreement between two or more parties as being the essential legal and moral foundation of contract in all legal systems, was promoted by the 18th century French writer Pothier in his , much read (especially after translation into English in 1805) by English judges and jurists. The latter chimed well with the fashionable will theories of the time, especially 's influential ideas on free will, and got grafted on to the traditional common law requirement for consideration to ground an action in assumpsit.