Review lecture.docx - Analyze judge’s decision in exam better E.g Lord Denning is notorious for twisting the rule Sufficient but not adequate

Review lecture.docx - Analyze judge’s decision in exam...

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Analyze judge’s decision in exam better E.g. Lord Denning is notorious for twisting the rule Sufficient but not adequate Peppercorn rent THMOAS V THOMAS 1842 A peppercorn is good consideration Social promise and contractual promise Land/ company law, court examines adequacy of consideration Past consideration EASTWOOD V KENYAN 1840 Cf LAMPLEIGH V BRATHWAIT 1615 B murdered someone, L asked the king to give a pardon, B promised to pay, but didn’t. B say L act before the promise Held: B requested L; L understand he will be paid (part and impartial of the promise) NOT view chronologically Practical/ factual benefit Vs legal benefit, can see from the contract itself; practical benefit is made up artificially Discharge of existing contractual duty: STILK V MYRICK 1809 Less for the same (pay less): PINNEL’S CASE 1602; FOAKES V BEER 1884 HL; RE SELECTMOVE 1995 CA paying less without something extra, no consideration
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