Society

Quiz Consideration

by Diamondsareforever

Diamondsareforever

292 played - 11 yrs ago

A quiz about the doctrine of consideration in English contract law

QUIZ 30 QUESTIONS

expert

What is the function of consideration?

Restriction of non-gratuitous promises

So that you cannot accept offers

That I give so that you may give

That there are no formal restrictions

To restrict contract law

What is the consideration in a unilateral contract?

The benefit to the party making the promise

That you get money for your promise

That there is an exchange of goods

That there is some right or interest exchanged

That you get your dog back and some money as well

Which case defined what a valuable consideration is?

Stilk v Myrick

Williams v Roffey Bros

Currie v Misa (1875)

Barber v Fox (1682)

Re Wyvern Developments Ltd [1974]

Which of these statements is not true of consideration?

That it must move to the promisor

Needs not be adequate

Must be of some value

Must move from the promisee

Needs not to move to the promisor

What is the basis to the idea that consideration need not be adequate?

Free market economy

That promises can be gratuitous

That you want to sell something for whatever price you choose

That people should be prevented from having their goods sold below value

Closed market economy

Which case held that performance of a pre-existing duty is not good consideration?

Williams v Roffey Bros [1991]

Stilk v Myrick (1809)

Pao On v Lau Yin Long

Foakes v Beer (1884)

D & C Builders v Rees [1966]

Which case held that performance of a pre-existing duty can constitute good consideration if there is some factual benefit to the promisor and there is no duress?

Williams v Roffey Bros [1991]

Stilk v Myrick (1809)

Collier v Wright

Hughes v Metropolitan Raiway

Tungsten v Tool Metal

Which case relates to the idea that there is no consideration if the benefit moves from a third party?

Stilk v Myrick

Re Wyvern Developments Ltd [1974]

Collier v Wright

Barber v Fox (1682)

Williams v Roffey Bros

Which case relates to the idea that there is consideration even where the benefit is received by a third party?

Re Wyvern Developments Ltd [1974]

Stilk v Myick

Barber v Fox (1682)

Currie v Misa (1875)

Williams v Roffey Bros

What is the general rule relating to past consideration?

Past consideration is not good consideration

Where there is no promise there is no consideration

Past consideration is valid where the act was done on request of the promisee

Past consideration is always good consideration

Past consideration is part of a contractual term

Which of these is not an exception to the doctrine of past consideration?

The act has been done on request of the promisor

The parties agreed that payment should follow

That murder can never constitute consideration

Payment would have been legally enforceable had it been promised in advance

The amount of money was not spoken about

What happens where there has been no performance at all?

One party keeps the money so there is good consideration

Performance should be rewound

Performance has been defective

Either party gives up the right to performance but is liberated herself so there is good consideration

One party gives up their rights but the other does not so there is good consideration

What happens where there has been performance by one party?

Performance shall be rewound

Either party gives up the right to performance but is liberated themselves

One party keeps the money

The goods are defective

One party performs for nothing in return

What happens where goods are defective?

There must be separate consideration (accord and satisfaction)

There is a benefit to both the parties

There is no consideration

One party keeps the money so there is no consideration

Nothing

Which case relates to part payment of debt not being good consideration?

Collier v P & MJ Wright (Holdings) Ltd [2007]

Stilk v Myrick

Foakes v Beer (1884)

Barber v Fox (1682)

Re Wyvern Developments Ltd [1974]

What must there be for part payment of debt to be valid?

No consideration

A formal contract

A reasonable amount paid

Separate consideration

The contract involves pigs only

What is promissory estoppel?

One party is stopped from bringing a claim against the other party

Past consideration is not good consideration

There must be separate consideration

You are always able to bring to a claim

A promise to stop contracting with other people

Which of these is not a type of estoppel?

Working

Promissory

Proprietary

Representation

Convention

What is the leading case to do with promissory estoppel?

Rogers v Parish Ltd (1987)

Walker

Hughes v Metropolitan Railway (1877)

Roland v Victor (1923)

City v Mudd

What are the requirements of promissory estoppel?

Clear promise not to enforce legal rights and reliance by the promisee

Insisting on strict legal rights

Suspending current rights

Giving new rights

Extinguishing rights and then enforcing them

Which case relates to the idea that promissory estoppel gives no new rights?

Combe v Combe [1951]

Harley v Hymans [1920]

Hughes v Metropolitan Railway

Tungsten v Tool Metal Manufacturing [1955]

Collier v P & MJ Wright (Holdings) Ltd [2007]

Which case relates to the idea that the buyer may claim damages if the buyer refuses to take delivery after time for delivery has been extended?

Harley v Hymans [1920]

Central London Property Trust Ltd v High Trees House Ltd

Collier v P & MJ Wright (Holdings) Ltd [2007]

Combe v Combe [1951]

Hughes v Metropolitan Railway

Which case supports the idea that promissory estoppel does not extinguish rights?

Combe v Combe [1951]

Harley v Hymas [1920]

Collier v P & MJ Wright (Holdings) Ltd [2007]

Tungsten v Tool Metal Manufacturing [1955]

Central London Property Trust Ltd v High Trees House Ltd

What did Collier v P & MJ Wright (Holdings) Ltd [2007] hold?

That promissory estoppel may allow part payment of debt

That past consideration is never good consideration

That part payment of debt is not supported by consideration

That allowing part payment of debt would be inequitable

That the creditor has the right to ask for the rest of the money

Which of these is not a criticism of consideration?

Restriction to agreements the rationale of which is hard to understand

Leads to attempts to escape the straight jacket

Leads to inconsistencies

That it does not apply to electronic contracts

Which two cases may be cited as support for the idea that consideration can lead to inconsistencies?

Williams v Roffey and Foakes v Beer

Currie v Misa and Stilk v Myrick

Williams v Roffey and Barber v Fox

Re Wyvern Developments Ltd and Lampleigh v Braithwait

Re Casey's Patent and Pao On v Lau Yin Long

What case did Collier v P & MJ Wright (Holdings) Ltd [2007] build on?

Central London Property Trust Ltd v High Trees House Ltd [1947]

Hughes v Metropolitan Railways

Tungsten v Tool Metal Manufacturing [1955]

Foakes v Beer (1884)

D & C Builders v Rees [1966]

What does promissory estoppel do?

Gives new rights

Prevents rights from being enforced

Creates an equitable remedy

Allows new rights to be created

Suspends rights

With regards to promissory estoppel it is enforced where insisting on strict legal rights would be... .

Equitable

Good consideration

Not allowed in law

A breach of the Sales of Goods Act 1979

Inequitable

When was the word estoppel first used?

1531

1200

1583

1057

1044

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Quiz Consideration

What is the function of consideration?

What is the consideration in a unilateral contract?

Which case defined what a valuable consideration is?

Which of these statements is not true of consideration?

What is the basis to the idea that consideration need not be adequate?

Which case held that performance of a pre-existing duty is not good consideration?

Which case held that performance of a pre-existing duty can constitute good consideration if there is some factual benefit to the promisor and there is no duress?

Which case relates to the idea that there is no consideration if the benefit moves from a third party?

Which case relates to the idea that there is consideration even where the benefit is received by a third party?

What is the general rule relating to past consideration?

Which of these is not an exception to the doctrine of past consideration?

What happens where there has been no performance at all?

What happens where there has been performance by one party?

What happens where goods are defective?

Which case relates to part payment of debt not being good consideration?

What must there be for part payment of debt to be valid?

What is promissory estoppel?

Which of these is not a type of estoppel?

What is the leading case to do with promissory estoppel?

What are the requirements of promissory estoppel?

Which case relates to the idea that promissory estoppel gives no new rights?

Which case relates to the idea that the buyer may claim damages if the buyer refuses to take delivery after time for delivery has been extended?

Which case supports the idea that promissory estoppel does not extinguish rights?

What did Collier v P & MJ Wright (Holdings) Ltd [2007] hold?

Which of these is not a criticism of consideration?

Which two cases may be cited as support for the idea that consideration can lead to inconsistencies?

What case did Collier v P & MJ Wright (Holdings) Ltd [2007] build on?

What does promissory estoppel do?

With regards to promissory estoppel it is enforced where insisting on strict legal rights would be... .

When was the word estoppel first used?

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