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Words: 2,000 | Submitted: Thu Oct 11 2007
... all the terms of the Offeror. The third element is Consideration which could be a benefit occurring to one party or some loss or undertaken by the other party, a "valid" consideration must be in the form of a value or service to make a contract. This is espousing by Lush J in Currie v Misa1 where consideration was referred to as consisting of a detriment to the promisee or a benefit to the promisor: "... some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other." The definition given by Sir Frederick Pollock, approved by Lord Dunedin in Dunlop v Selfridges Ltd2 is as follows: "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 example, if ...
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