Question: Do You Think That The Doctrine Of Consideration Should Be Abolished?

Is the doctrine of consideration necessary?

To create a legally enforceable contract, consideration must be present.

However, when a contract is made by deed, consideration is not a requirement.

Traditionally, the doctrine of consideration has been defined as either a detriment to the promisee or a benefit to the promisor..

Should promissory estoppel replace the doctrine of consideration?

In our jurisdiction the promissory estoppel enforces a promise in the absence of consideration. … In doing so the court has implied that estoppel has a role to play with the formation of contracts, not just their modification, and could thus be a replacement for consideration .

What is good consideration in contract law?

Payment, in any form, under a contract; any value given at the counterparty’s request can be good consideration, including any action, inaction, or a promise. For more about consideration, see Practice note, Contracts: formation: Consideration.

What is the relationship between duress and consideration?

Due consideration has not taken place, but the doctrine of economic duress is sufficient to void the contract. Thus, the doctrine of consideration is useless. However, it is arguable as both parties have the intention to create a legal relation, which is an element that binds the parties to the contract.

Can you sue for promissory estoppel?

The general rule is that broken promises, by themselves, are not actionable in court. However, there is a little-known exception: promissory estoppel. In the absence of a contract or agreement, which requires benefit to both sides (referred to as consideration), the law is generally unavailable to enforce a promise.

The doctrine that a promise made without the exchange of consideration is binding and enforceable if: The defendant made a clear and unambiguous promise. The plaintiff acted in reliance on the defendant’s promise.

What is the doctrine of consideration?

Consideration can be loosely defined as a price for which a promise is bought. … With the doctrine of consideration, it ensures that both parties will benefit from the contract, and that there will be a lower possibility that one party is being taken advantage of.

Why consideration is necessary in simple contract?

The point is that the parties must exchange something of value. Consideration is needed so that both parties incur some sort of burden or obligation in the agreement. Without consideration, the exchange would likely be classified as a gift. Gifts are treated differently than contract agreements, legally speaking.

What are the three requirements of consideration?

In order for any contract to be enforceable, courts generally require three things: mutual assent (agreement to the contract terms), a valid offer and acceptance, and consideration. Consideration is basically the exchange of something of value in return for the promise or service of the other party.

What are the three types of consideration?

Kinds of ConsiderationExecutory Consideration or Future Consideration,Executed Consideration or Present Consideration, or.Past Consideration.

What are two exceptions to the rule requiring consideration?

One exception to the rule requiring consideration is promissory estoppel. In a bilateral contract the considerations for each promise is a return promise. In a unilateral contract, the consideration is one partys consideration is the promise and the other partys consideration is the act.

What are the four elements of promissory estoppel?

There are common legally-required elements for a person to make a claim for promissory estoppel: a promisor, a promisee, and a detriment that the promisee has suffered. An additional requirement is that the person making the claim — the promisee — must have reasonably relied on the promise.