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12 Σεπ 2015 · Elements of Consideration. In order for a contract to be considered valid and enforceable by the courts, three elements of consideration must be met. If one or more of these elements are missing, the contract lacks the necessary requirements, it could potentially be deemed invalid by the court.
It was held that Scotson’s delivery of coal (the performance of an existing contractual duty to a third party, X) was a benefit to Pegg and was valid consideration. It could also been seen as a detriment to Scotson, as they could have broken their contract with X and paid damages.
10 Δεκ 2019 · For a contract to be legally binding, there are six essential elements to constitute a valid contract: offer, acceptance, consideration, intention to create legal relations, legality and capacity, and certainty.
Each party to a contract must be both a promisor and a promisee. They must each receive a benefit and each suffer a detriment. This benefit or detriment is referred to as consideration. Consideration must be something of value in the eyes of the law - (Thomas v Thomas) (1842) 2 QB 851.
Where a contractual duty is owed to the claimant, another promise to perform that duty can be valid consideration if it confers on the claimant a ‘practical benefit’: Williams v Roffey Bros [1990] 2 WLR 1153. This is particularly important where the promisee seeks to vary the original contract.
22 Σεπ 2024 · To be valid, consideration must adhere to several key rules: Must Have Some Value. The consideration given must have some economic value, even if it’s minimal. Courts generally don’t examine the adequacy of consideration – even a penny can be valid if that’s what the parties agreed to. This is known as the “peppercorn rule.”
8 Μαΐ 2024 · Valid Consideration: A Closer Look. To ensure that the consideration within a contract is deemed valid, it should be tangible or adequate, with some level of economic value. This doesn’t necessitate that its economic value be extensive.