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Words: | Submitted: Tue Jun 20 2006
... s definition in Dunlop v Selfridge (1915) which 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'. For the contract to be enforceable, it is fundamental to know whether the parties have given consideration. Valuable consideration may be something promised or something done and so there are two ways in which consideration can be given, and are described as executory and executed consideration. Executory consideration is the price 'promised' by one party in return for the other party's promise whereas executed consideration is the price 'paid' by one party in return for the other party's promise. From here, we can investigate the case of Williams v Roffey Bros & Nichols (1990) and decide whether valuable consideration has been given. The facts of this case ...
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