单词 | consideration |
释义 | consideration consideration an exchange of promises by which each party makes a gain and suffers a detriment. The requirement for there to be consid- eration before there will be a legally binding CONTRACT in English law emphasises the theory held by many legal commentators and theorists that contract is based upon a bargain – something for some- thing else. The consideration must be sufficient but need not be ade- quate: Chappell v. Nestlé [1960] AC 87 – i.e. it is still possible to make88 conspiracy a bad bargain. The avoidance of a disbenefit might be sufficient, assuming there is no DURESS or FRAUD: Williams v. Roffey [1990] 1 All ER 512. Past consideration is not sufficient unless the original act was done by the promisor's request. Part payment of a debt in English law can only be discharged by full ACCORD AND SATISFACTION under the rule in Pinnel's Case (1602). The absence of consideration is fatal (Foakes v. Beer (1884) 9 AC 605), but the common law permits satis- faction if the creditor has requested payment of a smaller sum before the due date, requested payment at a different place or requested payment by different means. The doctrine of promissory ESTOPPEL in equity has been accepted as providing a basis for holding parties to agreements in the absence of consideration: see Central London Prop- erty Trust v. High Trees House [1947] 1 KB 130. See CONTRACT. |
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