Atiyah essays on consideration.

Atiyah  essays on consideration.

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

"Consideration and Estoppel". Anti Essays. 7 Nov. 2017

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 ..

Consideration is an essential ingredient for the excitence of a contract. L Wilberforce, The Euromedon.

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.

Consideration and Estoppel - Essay by Teckers - Anti Essays

Systems based on Roman law (including Germany and Scotland) do not require consideration, and some commentators consider it unnecessary and have suggested that the doctrine of consideration should be abandoned, and estoppel used to replace it as a basis for contracts. However, , rather than judicial development, has been touted as the only way to remove this entrenched common law doctrine. famously stated that "The doctrine of consideration is too firmly fixed to be overthrown by a side-wind".

Trinity Term 2014 LAW OF CONTRACT CONSIDERATION AND PROMISSORY ESTOPPEL Ewan McKendrick Registrar and Professor of …

In conclusion, as Prof. Poole says in her book and the core theory of consideration with part payment of debt, also from the above discussion it seems that the courts are adopting promissory estoppel as a defence while it is concerned that sometimes appeals are being made based on this issue. Case laws in this area clearly illustrates that anyone who would be able to prove all the elements of estoppel might get the defence only then while the claimant of estoppel is being sued upon. This doctrine of promissory estoppel seems to be a critical practice and more than critical sometimes if the equity itself is concerned and thereof. Although it is to be alarmed that arbitrary practice of this doctrine should be protested as to ensure due process.