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De Cicco v. Schweizer, [a] 117 N.E. 807 (N.Y. 1917), is a notable contract law case concerning privity of contract and consideration.The case examined whether there was consideration in a contract where person A makes a promise to person B, and in exchange person B promises to perform a previous contract obligation to person C.
Lord Phillips of Worth Matravers MR [a] held that the mistake was not sufficiently fundamental to void the contract. The Great Peace would have taken 22 hours to cover 410 miles, but that delay was insufficient to make performance of the contract "essentially different from [the services] the parties envisaged when the contract was concluded".
"If the defendant be under an obligation from the ties of natural justice, to refund; the law implies a debt and gives this action [sc. indebitatus assumpsit] founded in the equity of the plaintiff's case, as it were, upon a contract ('quasi ex contractu' as the Roman law expresses it)." Lord Mansfield does not say that the law implies a promise.
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.
Failure of consideration is a technical legal term referring to situations in which one person confers a benefit upon another upon some condition or basis ("consideration") which fails to materialise or subsist. It is also referred to as "failure of basis". [1] It is an 'unjust factor' for the purposes of the law of unjust enrichment. Where ...
The case law has evolved over the years to create a number of exceptions to the rule in Pinnel's case. [4] The exceptions to the rule in Pinnel's case include: Payment accompanied by fresh consideration; [5] Prepayment of debt at the creditor's request; [2] Payment of a lesser sum at another place at the creditor's request; [2]
Balfour v Balfour [1919] 2 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.
Williams v Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 is a leading English contract law case. It decided that in varying a contract, a promise to perform a pre-existing contractual obligation will constitute good consideration so long as a benefit is conferred upon the 'promiseor'.