Tuesday, July 23, 2019

The role of consideration in contract Outline Example | Topics and Well Written Essays - 250 words

The role of consideration in contract - Outline Example Many European countries have adopted the position that any agreement that is both serious and lawful is a contract, but under English law, an agreement, even if serious and lawful, can only be enforced if consideration is present (Mothersole & Ridley 1999:360). Consideration thus, separates enforceable contracts from unenforceable ones, constituting the first of the three-pronged tests in contract enforceability (Stone 2011:87). The difference between these systems is thought to be historical-based, with the English assumpsit, or legal action for breach of promise or contract, traced back to commercial needs whilst continental law originated from the canon law and the principle of good faith (Chandler & Brown 2007:46). Another significance of consideration is that it provides intent of the parties to be legally bound by their agreement. Thus, even a token amount can be deemed consideration although it may be inadequate or insufficient. The Court has held, for example, that  £1 per annum was consideration in Thomas v Thomas [1842] 2 QB 851 and generally declared that parties may enter a contract for any amount of consideration, even valueless ones, in Chapell & Co Ltd v Nestle Co Ltd [1960] AC 87 (Chandler & Brown

No comments:

Post a Comment