CLAW1001 Study Guide - Final Guide: Chappell & Co.
Document Summary
Business honour clause and clear statement that no intention to create legal relations. Consideration - can be an act, promise or forbearance. In order for there to be consideration, each party to a contract must hav ean obligation to do (or not to do) something, either now or in the future. * you can"t get something for nothing: some rules about consideration. * must move from the promisee [not necessarily move to the promisor] * must not be past (it can"t have occurred before the agreement) * must be sufficient (does not need to be adequate) Chappell & co v nestl co ltd [1960] ac 87. * consideration requires u to promise something more than you are already obligated to do: performance of a public duty / existing legal duty. Glasbrook bros ltd v glamorgan county council [1925: performance of an existing contractual duty. Stilk v myrick [1809] - performing the existing obligations - no consideration.
