Consideration

In: Business and Management

Submitted By hermie237
Words 402
Pages 2
ASSIGNMENT 1
ISSUE
Whether there is a valid contract or not between JL and TC
STATE THE LAW
OFFER- A demonstration of willingness of a party that he or she is prepared to enter into a contract with one or more persons on certain terms, which are fixed, at the time the offer is made. The law states that in order for a contract to be enforceable the terms of the contract need to be sufficiently certain, the contract must not be vague. Contracts which are vague cannot be enforced. Scammel (G) & Nephew v. Ouston (1941) A.C. 251.
CASE LAW
APPLICATION OF THE LAW
Scammel (G) & Nephew v. Ouston (1941) A.C.251 O ordered a van from S with the understanding that the balance of the purchase price would be paid “on hire purchase terms” over two years. S never fixed any specific hire purchase terms. S failed to deliver the van and O sued for breach of contract. It was held that no contract had been established in the first place due to the uncertainty of the terms of the offer. The words “on hire purchase terms” so that it was impossible to ascertain the precise terms on which the parties had agreed. Similarly, JL and TC engaged in a contract where the terms were not clear. The offer was vague/unclear; there was no details given as to what the term “normal maintenance” covers, no classification, neither description nor exemption clause as the term “certain vehicles”. No contract was established in the first place due to the uncertainty of the terms of the contract. The words “normal maintenance” was too vague to be enforced since normal maintenance can consist of many different services; secondly the term “certain vehicle” is also vague/unclear since the term can consist of many different make or specification. Therefore it is impossible to ascertain the precise terms on which the parties had agreed.
CONCLUSION
There was no certainty as to the terms of…...

Similar Documents

Moral Consideration

...Chapter 9 “Good character, in other words, does not obviate the need for other types of moral consideration.” 1 In order to understand this statement, one needs to understand the meaning . Character is defined as the complex of mental and ethical traits marking and often individualizing a person, group, or nation <the character of the American people> 2 (Mirriam Webster.com Aristotle tells us that there are two different kinds of human excellences, excellences of thought and excellences of character. His phrase for excellences of character — êthikai aretai — we usually translate as “moral virtue(s)” or “moral excellence(s).” The Greek êthikos (ethical) is the adjective cognate with êthos (character). When we speak of a moral virtue or an excellence of character, the emphasis is not on mere distinctiveness or individuality, but on the combination of qualities that make an individual the sort of ethically admirable person he is.3 (http://plato.stanford.edu/entries/moral-character/) . Moral considerations are sometimes conflictive of one another, because of this we need to regard the causatum of our actions. In other words, this statement says that you cannot have one without the other, you need virtues and vices, ethics of action and ethics of charcter. The chapter touches on different aspects of character, persons and principles, compassion, content and temperate persons, ethical pluralism and practical wisdom. For the purposes of this paper, I am......

Words: 639 - Pages: 3

Consideration Law

...Consideration Student Name Instructor Name University Affiliation Date Abstract Consideration is the price that the promisor asks in exchange for their promise, that is, the price of a given promise. Consideration is not a significant part of a contract in a number of jurisdictions. Once parties have reached a binding agreement, that becomes sufficient. Nevertheless, the common law requires that for agreement to be binding, the person to whom a promise is made (promisee) must offer consideration (maybe in monetary terms) for the promise given to him (Lorenzen, 1918, p.28). Hence, most gratuitous promises are never enforced because of a few exceptions. There are different types of consideration and they include: Executory consideration Executory consideration is a type of consideration where the promise has not yet completed the requirements of the consideration. Therefore, executory consideration will exist in cases where the promisor’s promise is made in return for a counter-promise from the plaintiff. For instance, A makes a promise of delivering some products to B at a future date and B promises to make payment for the goods once he receives the shipment. B can sue A for breach of contract if A fails to deliver the goods (Carter et al., 1996, p. 312). Executed consideration Consideration is termed as executed when the consideration is issued at the time the contract is made. Therefore, an executed consideration will only come into existence when the......

Words: 1833 - Pages: 8

Equal Consideration

...Animals deserve the right of equal consideration. There are two sets of characteristics that represent how beings are treated differently; the first way is by rationality, having the knowledge of what is right and what is wrong, and the second way is the ability to feel pain and pleasure. As Peter Singer says in his article, “the basic principle of equality, I shall argue, is equality of consideration; and equal consideration for different beings may lead to different treatment and different rights.” The important characteristic that Singer points out is the ability to feel suffering, which gives beings the right to equal consideration. What gives beings the capacity to experience pain and pleasure is the idea of sentience. So in the case that animals do feel emotions like pleasure and plain, we must give them equal consideration of our interest. To help understand Peter Singer one must be familiar with the ideas of utilitarianism. There are two moral principles when talking about utilitarianism; the first principle is equality, in which everyone is treated with the same rights, and the second principle is the best balance of satisfaction over frustration. As discussed in class, human beings have the tendency to favor the interest of human beings themselves over non-human beings. Along the same lines, human beings also have the tendency to favor the interest of higher animals over the interest of lower animals. In Singer’s eyes, since animals have the capacity of suffering,......

Words: 290 - Pages: 2

Consideration

...if she graduates from Eagle College. Dina enrolls in Eagle, attends full-time for four years, and graduates. When Dina asks Chris for $40,000, Chris says, “I don’t remember promising you $40,000. But if there was a promise, it’s not enforceable, because we didn’t bargain for it. And even if there was a promise that would otherwise be enforceable, I revoke it now.” Can Dina enforce Chris’s “promise”? Why or why not? Starting at the beginning we must determine if this is a promise, gift or contract. Consideration distinguishes contracts from gifts. For there to be a contract there must be something of value given in exchange for the promise. In this case, Chris promised $40,000 in exchange for Dina graduating from a specific college, Eagle College. There was apparently a discussion about it that prompted Dina to enroll in and complete the course of study at that school. For the contract to be legally binding, there must be legal sufficiency and adequacy of consideration (fairness). Both the degree and the cash have value in the eyes of the law. We must however consider the fairness of the agreement, what value does Chris get from Dina’s completing school? Uncertain performance is related to promises exchanged when the performance of both parties is uncertain. Unfortunately for Dina, a promise is illusory. Illusory means based on illusion/not real. We should consider if a promissory estoppel could be put into place to enforce the promise. There are four......

Words: 537 - Pages: 3

Cultural Considerations

...Cultural Considerations Mary Parker AJS 502 August 26, 2013 Susan Gorman Cultural Considerations Cultural diversity is normal in society today. People come from different races, cultures, and backgrounds. People have to learn the importance of respecting the culture of others. Everyone can learn from others. Superiority does not exist because of an individual’s culture. Some people from different cultural backgrounds believe that he or she is better than others but this is an untruth. Cultural concerns can have a negative influence on justice and security administration. Stereotyping because of an individual’s culture is a problem in society. Good people exist in every race and so do not so good people. One person of a specific culture making a mistake does not mean that the entire culture of people will make the same mistake. People of different cultures do not always receive fair treat in the justice system. An example of this would be an African American male who is serving 20 years in prison because he was falsely indentified during a lineup. People have to be willing to acknowledge that he or she is not sure that the individuals in the lineup are the guilty party. Some people like to say that African Americans look alike. This is not true. Some people may have similar features but this does not mean that he or she looks alike. African Americans are often not hired for certain positions for fear that he or she will not be honest. This type of behavior and...

Words: 1423 - Pages: 6

Consideration

...Consideration is one of the elements that are required to form a contract. In consideration, both parties must promise to give or do something for the other. (Note: if a contract is made by deed, then consideration is not needed.) In other word, consideration can be described as the mutual rights and promises made by the parties to a contract. This can be either a promise to do something that a person not legally obligated to do, or a promise not to do something that a person have the right to do (often, this means a promise not to file a lawsuit). There are a lot of rules that must be taken in order to govern consideration. One of them is consideration can be present or future, but not past. Present consideration is executed when the consideration is performed at the time the contract is made. As an example, Lin offers RM100.00 reward for the return of her lost handbag, if Alex finds the bag and returns it, Lin's consideration is executed. Meanwhile, future consideration will happen when there is an exchange of promises to perform acts in the future. For example, Mei promises to deliver goods to John at a future date and John promises to pay on delivery. If Mei does not deliver them, this is a breach of contract and John can sue. However, past consideration is not a valid consideration and has no legal value.  Past consideration arises when a promisee’s action has happened before the promisor made his promise. This can be proved in the Roscorla v. Thomas case. In this......

Words: 1251 - Pages: 6

Sufficiency of Consideration

...Essentially, consideration is one of the sixth elements of contract which will be discussed in this essay. According to Lord Pollock, in Dunlop v Selfridge Ltd, consideration is ‘an act or forbearance of one party or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable,’ Some elements of consideration which also will be discussed are it must be sufficient in the eyes of law, it need not be adequate, it must not so vague, it can be present or future, but cannot be past. In this essay, I am going to discuss about consideration needs only be sufficient, not adequate and to consider whether there is a sufficient consideration in situations where there is pre-existing legal or contractual duty, and in situations as in Williams and Roffrey Bros or practical benefit. Consideration need only be sufficient, not adequate. It means the court has no interest in determining whether the consideration for a promise is equal to the value of that promise. As long as there is some consideration provided for the promise, the court will enforce that promise. Furthermore, it can be divided into 4 parts. The first part is consideration must have value in the eyes of the law. It means the price does not necessarily to be right as long as there is a value, and the court will not process any further. The case that illustrates this concept is Chappel & Co. v Nestle Co. Ltd. Nestle offered the opportunity to purchase......

Words: 1668 - Pages: 7

Mutuality of Consideration

...From: Allyson Wright To: Reader Date: April , 2014 Re: Mutuality of Consideration Relevant Facts Bernie and Vivian entered into a written contract, which stated that Vivian would purchase Bernie’s 2006 Ford Fusion for $12,500. The two of them agreed that Vivian would pay Bernie a $1,000 deposit in order for him to hold on to the car for her until she had the entire amount. Vivian agreed to there being a date in which she would have the full amount that she was to pay for the car, March 31. The contract stated that if Bernie breached the contract he would have to give Vivian back the deposit, however, if Vivian breached the contract Bernie would keep the deposit. They both agreed to the terms of the contract and signed it. Vivian informed Bernie 7 days before the agreed upon date of payment that she would not be able to fulfill their deal and Bernie told her he was keeping the deposit. Vivian filed suit against Bernie claiming the contract had no mutuality of consideration and was therefore void. Issue Presented The issue presented in this case is whether or not there was mutuality of consideration in the contract between Bernie and Vivian, which would justify Bernie’s retention of the deposit. Applicable Law In Busman v. Beeren & Barry Investments, L.L.C., 69 Va. Cir. 375 (2005), the courts held that the contract between Busman and Beeren was not enforceable because there was no mutuality of contract. Busman, as temporary trustee, conducted a forclosure sale of...

Words: 549 - Pages: 3

Consideration

...Consideration is considered to be the third element of contract law that needs to exist to form a contract. There is an exchange of promises between two parties a promisor and a promisee where each party either have a benefit or suffer a detriment, which is referred to be a consideration. Sir Frederick Pollock defined consideration as "An act or forebearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable" authorized by Lord Dunedin in Dunlop v Selfridge Ltd [1915] AC 847. In the sense of law, consideration should value something (Thomas v Thomas) (1842)and doesn’t include any promises of affection or feelings or other moral/gratuitous promises. Consideration can also be any type of advantage to the promisor while it often is an amount of money paid. Even though, there is an advantage or a disadvantage to either a promisor or the promisee, there are no exact amount or value. Until and unless there are some, courts aren’t bothered about the adequacy of the consideration as both parties are allowed to bargain their liberty of contract that’s good for themselves with no obstacles from courts. (Harvey, 2013). Consideration is a significant part of a lawfully enforceable contract, as the absence of it would restrict the law from enforcing the promises made by the promisor during an agreement made or contract formed. However, the existence of consideration doesn’t itself solve......

Words: 1426 - Pages: 6

Mutual Consideration

...TO: Reader From: Josh Thrasher Date: October 8, 2014 Re: Bernie v Vivian, Mutuality of Consideration under VA law Facts: On February 1, Bernie, who lives in Richmond, VA, put an ad in his local newspaper advertising his 2006 Ford Fusion for sale at the asking price of $13,500. On March 1, Vivian calls and offers to purchase the vehicle for $12,000. Bernie invites Vivian to meet on March 5, to complete the negotiation and transaction. Vivian shows up at Bernie's house on March 10, and after some negotiation, she tells him that she will pay $12,500 for the car but will need three more weeks to raise the money. Bernie agrees to wait, but only if Vivian puts down a $1000 deposit. Vivian agrees and Bernie drafts one page agreement. Bernie wants to keep his options open so he puts the following language into the agreement. Bernie agrees to sale his 2006 Ford Fusion to Vivian for $12,500 and Vivian agrees to purchase the same vehicle for such price. The transaction shall take place no later than March 31. In the event that the seller breaches this agreement, the seller must refund the purchaser's deposit, but the parties shall be limited to this remedy and only this remedy. In the event that the buyer breaches this agreement, the seller may keep the buyer's deposit, but the seller shall be limited to this remedy and only this remedy. Vivian reads and signs the agreement, and gives Bernie a $1000 check. Two weeks later, on March 24, Vivian calls and tells...

Words: 343 - Pages: 2

Cultural Considerations

...Cultural Considerations In Today’s Society Nikia Hughes AJS/502 The world of law enforcement has come a long way sense law enforcement began a very long time ago. The face of law enforcement has changed over the centuries and has become more culturally diverse. The world is moving at a rapid pace and the justice system must change with the times. As more technologies come into play and more sophisticated jail systems come about it is necessary to understand and have a wide variety of people to take on these changes. According to cnn.com, “990,553 people were granted lawful permanent residence in the United States in 2013. Approximately 40% of these "green card" recipients, or LPRs, were born in Asia, while about 32% were born in North America. In 2012 The Department of Homeland Security estimates that there are 11.4 million unauthorized immigrants living in the United States, down from 11.5 million in 2011.With the top being Mexico.” (cnn.com/immigrants) These statistics alone speak for themselves in terms of being concerned for the justice system. Law enforcement is trying to keep up with a rapid change that no one was prepared for. The biggest problem for the justice system is more so the illegal immigrants that are in the country unregistered, therefore not accounted for. This causes hikes in crime rates, heavier prison populations, and a big concern for home land security. The bigger......

Words: 1306 - Pages: 6

Ethical Considerations

...“Discuss ethical considerations related to research conducted into genetic influences on behaviour.” In this essay i am going to talk about the ethical considerations related to research conducted into genetic influences on behaviour. Ethics refers to the correct rules of conduct necessary when carrying out research. We have a moral responsibility to protect research participants from harm. Research methods is the method you are going to be using whilst the experiment is happening. For example, the research method could be a lab experiment, field experiment, correlation, case studies, observations etc. Within this essay, I am going to consider consent, briefing, counselling and the twin study. First of all, i would like to talk about consent. Consent is a key thing when dealing and carrying out studies within psychology. Consent is important because it is a legal procedure and it is given to ensure that all participants are aware of all the potential risks and costs involved within the psychological experiment. The elements of informed consent include informing the client of the nature of the treatment, possible alternative treatments, and the potential risks and benefits of the treatment. Anybody over the age of sixteen is legally aloud to give their own consent, however if you are under the age of sixteen then it is down to your parent/guardian to give consent for you to be able to participate within a psychological experiment. Although, not all experiments include......

Words: 413 - Pages: 2

Cultural Considerations

...Cultural Considerations AJS/504 July 27, 2015 University of Phoenix Cultural Considerations This paper is going to discuss different culture concerns, and what the influences are in today’s society within the criminal justice system. Also, this paper will talk about how to attend to different culture concerns, security administration, and how influences affect the criminal justice system. Some of the other points that are going to be touched up on are contemporary methods that are used in societies of assorted cultures, how these different influences and considerations related to and affect nondiscrimination practices within the criminal justice system. Last but not least, this paper is going to go over Sir Roberts Peel’s nine principles, and how they coincide within today’s police forces. The military employment across the countries in the Middle East and Europe has brought police forces into question. The local police forces have their own way of training that is similar to the military training. The military is helping individuals that are being abused by the hands of the police. In most of these cases where military law is present and security is more existing the police appear to be more on the military side than working for the countries government or community. This abuse does not happen within the United States, but the problem within the United States that is going on with the police and the security with the employment. With all of these different......

Words: 1608 - Pages: 7

Ethical Consideration

... ETHICAL CONSIDERATION Students Name: Instructors Name: Date Submitted: Introduction A research design defines the entire plan that one selects so as to incorporate the alternate components regarding a certain study in a logical and reasonable way (Vaus, 2006). Consequently, this paper shall try to assess the ethical consideration of research design basing on my opinion in safeguarding the estimation as well as opinions of the survey participants. A survey is a study concerning the uniqueness of a certain defined population through the gathering of information from a sample of people (Journal of glossary statistical terms, 2015).Thus; it is an unethical to disclose any information as well as opinion that a participant in a certain research discloses. In a research design, every participant is entitled to their views, and one should not be judged for stating what they feel like it’s true according to them. Every participant in a research design wants to be assured of their safety when responding to the design research questions. Therefore, in protecting these participants, it is always good to guarantee them that all the information given out will be kept in privacy. The participants will have to sign as well as commit their information with the relevant subject. Thus, this is because......

Words: 347 - Pages: 2

Cultural Considerations

...Cultural Considerations There are six principles in cross-cultural communication. The first principle states that the culture and language differences between people are large; there is a larger likelihood of communication breakdown. The second principle states that when communication breakdowns occur, it is often attributed to cultural differences. These breakdowns are often the result of a misunderstanding. The third principle states that communicating across cultures helps people to be more aware of their own communication. This means that people will choose their words more carefully, and ask questions that clarify the situation. “The fourth principle states that cultures vary with respect to the number and kind of “do’s and taboos” that are required of its members” (Cheesebro, O'Connor, & Rios, 2010). Some cultures may have very formal rules. These rules are typically not violated by the members of the culture, and anyone who wants to have a strong relationship with members of that group. The fith principle suggests that learning about the norms and variations in communication styles of a particular culture group will assist in understanding the group. The sixth principle emphasizes seeing others as friendly, and trustworthy will make barriers easier to overcome (Cheesebro, O'Connor, and Rios (2010). Cultural considerations must be made when it comes to health care. One must understand their cultural views and those of the patient. Without knowing the different......

Words: 398 - Pages: 2

The Children Act 2017 FRENCH BRRip XviD AC3-AM84 | Crested Geckos | Rochelle Paige