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These cases concern three issues, which regulate formation in English contract law, beyond simple agreement, commonly called a "badge of enforceability". (1) intention to create legal relations (2) consideration (3) estoppel.
The cases discussed are, Coggs v Barnard (1703) on bailment; Pillans v Van Mierop (1765) on the doctrine of consideration; Carter v Boehm (1766) on good faith; Da Costa v Jones (1778) Hochster v De La Tour (1853) on anticipatory breach; Smith v Hughes (1871) on unilateral mistake and the objective approach to interpretation of contracts
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 ...
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.
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.
Chappell & Co Ltd v Nestle Co Ltd [1959] UKHL 1 is an important English contract law case, where the House of Lords confirmed the traditional doctrine that in order for a legal contract to be binding consideration must be sufficient but need not be adequate.
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.
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