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Contract Law

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  • 01-12-2009 1:46pm
    #1
    Shimmy!
    Registered Users Posts: 15 ✭


    What does the consideration must move from the promisee mean?

    And what does this mean:
    'Where the promise is made to two persons jointly, it may be necessary for only one of them provides the benefit'

    Any case law necessary to back these up?

    Thanks:)
    Tagged:


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    #2
    johnfás
    Registered Users Posts: 1,340 ✭✭✭johnfás


    Simple example:

    You agree to cut my grass and I will give you 10 euro. You are the promisor and I am the promisee. If somebody other than me pays the 10 euro, you do not have a contract with me, because I, as the promisee, did not provide the consideration for the contract.


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    #3
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    I had in mind a long and detailed post...but first I want to know if this is law homework :)


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    #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Reloc8 wrote: »
    I had in mind a long and detailed post...but first I want to know if this is law homework :)

    I agree! :)

    Two case spring immediately to mind, but alone and unread they are useless:

    McCoubray v. Thompson (1868) 2 IRCL 226.

    McEvoy v. Belfast Banking Corporation [1935] AC 24.

    .... one is the rule, the other the exception to that rule.


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    #5
    Shimmy!
    Registered Users Posts: 15 ✭Shimmy!


    No this is not law homework, i have my contract law exam next week and i'm finding it hard to grasp certain elements of it! any help would be appreciated!


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    #6
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    If you know this:

    Offer + Acceptance = Agreement; Agreement + Consideration = Legally Enforceable Contract.

    then the rest shall flow from it.

    In general terms a contract law examination seeks to test relatively basic principles which might be couched in terms of a problem question. Knowing the case law in summary form will assist with this as problems are usually either fully based upon, or are conjugates of actual cases.

    I wish you luck.


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    #7
    jaspertheghost
    Registered Users Posts: 231 ✭✭jaspertheghost


    Tom Young wrote: »
    If you know this:

    Offer + Acceptance = Agreement; Agreement + Consideration = Legally Enforceable Contract.

    offer and acceptance i get,now agreement +consideration i dont get,any chance you could give me the jist,in laments terms please


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    #8
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Consideration is the price paid for something. It need not be adequate but it must be sufficient. (Hopefully have that the right way round!)

    Eg I agree to sell you my BMW for €1 that is sufficient consideration - albeit a poor bargain from my point of view.

    If I try and pay my architect in prayer - that will be held to be insufficient consideration as the court don't deem prayer to be something you can pay with - There is a case on point but it escapes me at the moment.

    However chocolate bar wrappers have been found to be consideration - again the case escapes me. I'll look them up after some sleep ;)

    Forbearance can also be consideration - e.g. I'll pay you €1000 to give up smoking. (Again I'll dig up the case)

    This is a fairly basic concept a quick read of any half decent Contract law book should sort you out. I particularly recommend Enright's book. If you're a Dublin local wander into Griffith and use their library no one will challenge you.


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    #9
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    johnfás wrote: »
    Simple example:

    You agree to cut my grass and I will give you 10 euro. You are the promisor and I am the promisee. If somebody other than me pays the 10 euro, you do not have a contract with me, because I, as the promisee, did not provide the consideration for the contract.

    That is not correct. The contract is formed when the agreement is made, not whne the payment is made. There are two promisors and two promisees. Consideration must move both ways. Each party contributes and each gains. After the contract is formed it doesn't matter who pays or who cuts the grass. It doesn't mean there wasn't a valid contract. There may be issues of frustration ,agency, etc if other parties do some of the contracted actions.


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    #10
    Hunchback
    Registered Users Posts: 1,629 ✭✭✭Hunchback


    Is it a repeat exam?


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    #11
    colonel1
    Registered Users Posts: 406 ✭✭colonel1


    OP, I would suggest that you look at Fergus Ryan's contract law nutshell, which explains consideration and agreement very well indeed via the use of everyday examples. It won't take you long to read the relevant chapters in Ryan's nutshell, but it will clear up your confusion. It is vital that you understand concepts like consideration for contract law, otherwise how will you advise the hypothetical client whether or not they have an enforceable (via the courts if necessary) contract.

    Good luck with the exam.


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    #12
    colonel1
    Registered Users Posts: 406 ✭✭colonel1


    If I try and pay my architect in prayer - that will be held to be insufficient consideration as the court don't deem prayer to be something you can pay with - There is a case on point but it escapes me at the moment.

    The Northern Ireland case of O' Neill v Murphy

    However chocolate bar wrappers have been found to be consideration - again the case escapes me. I'll look them up after some sleep ;)

    Chappell & Co Ltd v Nestle Co Ltd

    Forbearance can also be consideration - e.g. I'll pay you €1000 to give up smoking. (Again I'll dig up the case)

    Hamer v Sidway


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    #13
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Thanks Col. I realised the guy asking wasn't the OP (Who started the thread in 2009!) and ended up speaking to him in another thread but saved me doing this - must... stop... percrastinating... and... study! :D


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    #14
    colonel1
    Registered Users Posts: 406 ✭✭colonel1


    GCDLawstudent wrote: »
    Thanks Col. I realised the guy asking wasn't the OP (Who started the thread in 2009!) and ended up speaking to him in another thread but saved me doing this - must... stop... percrastinating... and... study! :D

    Lol, I only noticed the date of the original OP's message myself after I had posted a reply. Hmmm must pay attention to detail or a lawyer I will never be....;) Good luck with your studies GCD:D


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    #15
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Tort was today - last exam - might be studying various things in Coppers tonight!

    Lecturer is leaving so Firsts all round I hope!


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    #16
    colonel1
    Registered Users Posts: 406 ✭✭colonel1


    GCDLawstudent wrote: »
    Tort was today - last exam - might be studying various things in Coppers tonight!

    Lol, naughty:D Hope the "things" in Cooper are beaut!!!

    Lecturer is leaving so Firsts all round I hope!

    Hopefully;) is this your final year GCD?


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    #17
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    First year - they joys of Land Law, Equity and Trusts, Criminal Law, Admin Law and the Law of Evidence in October.

    I really need to stop messing about as years 2 and 3 count towards the degree classification. This year was well... settling in lol.


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    #18
    chops018
    Registered Users Posts: 2,458 ✭✭✭chops018


    GCDLawstudent wrote: »
    First year - they joys of Land Law, Equity and Trusts, Criminal Law, Admin Law and the Law of Evidence in October.

    I really need to stop messing about as years 2 and 3 count towards the degree classification. This year was well... settling in lol.

    Just saying this incase you don't know as second year is usually when it is offered, but you need to have passed Jurisprudence to get into King's Inns. Just incase it was offered instead of evidence and you opted for evidence. I would have much preferred to take evidence instead of jurisprudence when I was in college but I wanted to keep my options open.

    P.S. Admin Law is just awful!


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    #19
    colonel1
    Registered Users Posts: 406 ✭✭colonel1


    GCDLawstudent wrote: »
    First year - they joys of Land Law, Equity and Trusts, Criminal Law, Admin Law and the Law of Evidence in October.

    I really need to stop messing about as years 2 and 3 count towards the degree classification. This year was well... settling in lol.

    Ha ha, sounds like a packed year:D Well you certainly are keen on law GCD, keep it up, it is a fantastic subject.


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