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Words: | Submitted: Fri Jan 28 2005
... Currie V Misa in 1875. In this case the definition of consideration is "...Some right, interest, profit or benefit accruing to the one party or forbearance, detriment, loss or responsibility given, suffered or undertaken by the other." (Sourced from www.duhaime.org) In order for an agreement to be deemed a legally enforceable contract, the element of consideration must conform to several different points in order for it to be 'good consideration'. Firstly, consideration must be present and not past (Eastwood V Kenyon). This essentially means that the act, for which the contract is being made for, must not have already take place. The leading case for this element was Re Mcardle [1951] Ch 669, whereby a father had stated in his will that after their mother's death, the children would be entitled to his house. During the life of the mother, one of the children lived in the house with his ...
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