0
past consideration is of no effect to consideration at all. It is where the defendant's promise is subsequent to the plaintiff's act and independent of it. for example, where P saves D from drowning; Das an expression pf gratitude, later promises to pay P a sum of money as a reward. Here P cannot sue D on his promise since P's consideration is past in time, D's promise being subsequent abd independent of A's act. The case of Re McArddle illustrates the concept of past consideration
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoPast consideration
"Something which has already been done at the time the promise is made."..............in simple words we can say that,,,,,,,,a work has been done after which the promise is made.....so past consideration is work which has been done.........
Wiki User
∙ 13y agoPast consideration is not good consideration because it is not contingent on the responding consideration.
For example, suppose I gave you $20 on Tuesday as a gift. And then on Friday, you offered to enter a contract with me to wash my car. If I offered the $20 as consideration, or payment, that I had already given you, it would not be a contract. You would not be getting any benefit from the bargain, and I would not have any assurance that you would perform, because there is no benefit to you.
Add your answer:
Earn +20 pts
What are the advantages and disadvantages of past consideration?
The advantages of consideration in a valid contract
Why is past consideration not good consideration?
Past consideration is not good consideration because it is not contingent on the responding consideration. For example, suppose I gave you $20 on Tuesday as a gift. And then on Friday, you offered to enter a contract with me to wash my car. If I offered the $20 as consideration, or payment, that I had already given you, it would not be a contract. You would not be getting any benefit from the bargain, and I would not have any assurance that you would perform, because there is no benefit to you.
Why a past consideration is not a good consideration?
Do you mean consideration for contract formation? To have a bargain, you have to be willing to give something up. For example, if we had a contract for the purchase of your car for $5000, you would give up your car, and I would give up $5000. That's consideration. If the consideration is in the past (e.g. you already gave up your car), that's not going to create a binding contract.
Consideration may be executory or executed but it must not be pastDicuss and illustrate your answer with various case laws?
Executed and executory consideration is enforced by the common law courts but a past consideration is not. This is because a past consideration arises where the work is done before the obligation or offer to pay is made. See the case of EASTWOOD VRS KENYON.
Simple past Of get?
simple past of be (was or were) with the main verb's present participle: He was going. This form indicates that an action was ongoing at the past time under consideration. The past perfect combines had (the simple past of have
What is consideration in business law?
It's called past consideration. Look up Roscorla v Thomas. (1842) 3 QB 234
What is an agreement that is lacking consideration?
1-barren promises 2-gratuitous promises 3-illusory promises 4-agreement suported by moral consideration 5-agreement supported by past consideration
Historic African American writers that died in the past?
All African American writers that have died, died in the past. Without exception.
What is pass consideration in business law?
It's called past consideration. Look up Roscorla v Thomas. (1842) 3 QB 234
How is consideration distinguished from the doctrine of past consideration?
Essentially past consideration in common law is by its nature not consideration. Consideration is defined as a bargain for exchange. Where one element of a deal has already occurred before the deal began, there was no bargain. If for example, you give me a shiny stone as a gift. A couple weeks later, we find out that the stone is a rare ruby worth millions. I decide that I'm going to sell it and promise to give you 1/2 of the earnings in consideration for you giving me the stone in the first place. The reason that this is not consideration is that there must be a bargain. You must do something to entice me to do something in return, and I must do something to entice you to do something in return. Promising to give you 1/2 of the earnings did not entice you to give me the stone in the first place, so therefore there was no bargain in place and my promise is merely a gift. However, most states authorize past consideration though statute in specific situations. For example New York authorizes past consideration under General Obligations Law § 5-1105.
Do you use past tense in an essay?
You should, most commonly, use present tense. A history essay, for example, would be an exception and would be in the past tense.
What makes past consideration invalid?
because its done before the contract is made is not consideration. These fact cannot influence forming of a contract if they were in past tense for example: Al gives emergency care to Bob . Bob promises to pay Al for his services but his promise is not binding because there is no bargain for exchange
