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According to the legal dictionary, consideration is mean that something done or given by one party for
the act or promise of another. Consideration is an important element to create of contract and must
result from bargaining by the parties. Consideration have three types, there are executory, execute,
and past consideration.
Executory consideration is a contract can be made on the basis of exchange of promises into future
action, such as to pay for the goods in the future or to supply when the goods available . Executed
consideration is the promise becomes enforceable because the offeree has actually performed, dealing
will be ends immediately. Past consideration is something that has already performed, after promise to
pay for it cannot enforceable.
benefits .
As a valid consideration, consideration must not be past, performance must be legal and performance
must be possible . Besides that, consideration must move from the promisee but need not move to the
promisor , for example (TWEDDLE v ATKINSON (1861)), Guy promised the plaintiffs father to pay
plaintiff pound200 if the father have to pay plaintiff pound 100, the consideration is move to the
defendant, which mean is move from the plaintiff, plaintiff had not provided any consideration in return
for the promise to pay him pound 200, so the plaintiff to sue was no effect .
In addition, consideration must be sufficient but need not be adequate , such as (THOMAS v
THOMAS (1842) the widow can to have the house because the testator is wish to given to the widow,
$1 was valuable consideration moving from the widow, and upheld the contract. Constitute a valid
consideration is made by the contract between parties. Anyway, the best consideration and to be safe
side still is money .
In my opinion, consideration should constitute in performance of existing duty because that can in
return to the promise if the promises are legal and possible. As can to see the cases of related
consideration, in traditional view that is not support performance of existing duty should constitute a
consideration, and actually that is depend on the cases.
According to the cases between COLLINS v GODEFROY (1831) and GLASSBROOK v GLAMORGON
CC (1925), there have show that why some cases are support performance of duty should constitute a
consideration or not. As in case of COLLINS v GODEFROY (1831), it is not support performance of
duty should constitute a consideration because to subpoena witness is not a duty that is a performance
of public duty. Contrary, the cases of GLASSBROOK v GLAMORGON (1925) the appellants manger
should to pay for police because they require more protection for them, and the police have to give
them extra protected. The police have done some out of their duty, so need to pay extra money for
them.
In the case of STILK v MYRICK (1809) and HARTLEY v PONSONBY (1857), the different between this
two case, can see that the different because same is contractual duty but in case of HARTLEY v
PONSONBY (1857) defendant need to pay for crew extra money because of captain have to promise
the member of crew, if they can safe and sail the ship back to England then will give them extra money
and the crews was worked out of the contract work because 19 crews have to work 36 crew job.
Numbers of the crew work in the ship are not balance. They were worked out of their capable.
Whereas, in case of STILK v MYRICK (1809) owner was need not to pay the extra money for the
member of crew. That is because of the consideration, in the case of the STILK v MYRICK (1809) there
have not any consideration for the owner, if the crew have to done any extra work for the owner, maybe
the extra money will give them. And the crews only need to do two more crew only, the rest to cover
other two crews job; it is not really work hard.
In conclusion, as can see that in question, performance of duty should constitute a consideration
because the cases are shown and prove that performance of existing duty can to constitute a
consideration if the promise or offer is legal and possible. However, in my opinion, performance of
existing duty should constitute a consideration if that is legal and possible.
QUESTION 2
What are the general principles in the formation of a contract? What are the various forms of remedies
available for a breach of contract? Give examples with cases.
signed the contract is not willing to sign, it may be revoked. Contract is to protect the promise, or offer.
Offer + acceptance
Consideration
evidence was not support Lewis circumstance and fact. At the ends, the judgment was reverse
because the evidence of the Lewis damages and rescission was not support.
Rescission is similar with damages, damages are to require the loss, and rescission is to pay for loss.
Damages is the claimant come and ask for the damages, whereas, rescission is to pay them money for
remedy breach of contract. As the case of LEWIS TURNER v LINDA TURNER, Lewis is claim
rescission because Linda breach of contract, unlucky, he cannot claim the rescission because not
sufficient for evidence.
Eventually, to make a contract there must have offer, intention to create legal relations, acceptance and
consideration then only can to make a contract. Remedies for breach of contract, there are damages,
specific performance, injunction, and rescission. These are the remedies when breach of contract,
those can help to protect the plaintiff, even can to protect defendant.