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Narvasa, Puno, Vitug took no part in the consideration or decision of the case. Factoran , G.R. No. 101083, 224 S.C.R.A. 792 (1993), alternatively titled Minors Oposa v. Factoran or Minors Oposa , is a landmark decision of the Supreme Court of the Philippines recognizing the doctrine of intergenerational responsibility on the environment in the ...
In this case the plaintiff was unable to sue the executor of his father-in-law, who had promised to the plaintiff's father to make payment to the plaintiff, because he had not provided any consideration to the contract. The doctrine was developed further in Dunlop Pneumatic Tyre v. Selfridge and Co. Ltd. through the judgment of Lord Haldane.
Consideration may be past, present or future. Past consideration is not consideration according to English law. However it is a consideration as per Indian law. Example of past consideration is, A renders some service to B at latter's desire. After a month B promises to compensate A for service rendered to him earlier.
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from doing an act.
The traces of the law relating to assumpsit are still felt today, particularly in the law of contract and unjust enrichment. For example, consideration is only necessary in relation to simple contracts. Where a claimant brings an action in contract for non-performance of a promise contained in a deed, there is no need to show that the claimant ...
In contract law, an illusory promise is one that courts will not enforce. This is in contrast with a contract, which is a promise that courts will enforce. A promise may be illusory for a number of reasons. In common law countries this usually results from failure or lack of consideration (see also consideration under English law).
Dyer's case (1414) 2 Hen. 5, 5 Pl. 26; Lucy v Walwyn was an early case on the doctrine of consideration, concerning an executory contract where the plaintiff recovered damages for the loss of a bargain. [6] Thomas v Thomas. [7] was a case where £1 was seen to be good consideration for a widow to continue to live in her house after her husband ...
Failure of consideration is a highly technical area of law. Particular areas of controversy include: Whether the failure of the consideration must be 'total', [3] and the scope and meaning of such a requirement; Whether 'consideration' refers not only to bargained-for counter-performance by the defendant, but also a legal or factual state of ...