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Monday, August 3, 2020 | History

2 edition of doctrine of consideration found in the catalog.

doctrine of consideration

J. Mazanti-Andersen

doctrine of consideration

a comparative analysis

by J. Mazanti-Andersen

  • 377 Want to read
  • 5 Currently reading

Published by J. Chr. Petersens Bogtrykkeri in Copenhagen .
Written in English


Edition Notes

Statementby J. Mazanti-Andersen.
Classifications
LC ClassificationsMLCM 93/07392 (K)
The Physical Object
Pagination55 p. ;
Number of Pages55
ID Numbers
Open LibraryOL1461206M
LC Control Number93118509

What is it? Unless a promise is made in a deed, it will not be contractually binding (though it may still give rise to legal consequences under the law on promissory estoppel, or the law of tort, or public law) unless it is supported by is the doctrine of consideration. Most contract textbooks will trot out the following definition of when a promise will be supported by. The history of the doctrine of consideration in English law: being the Yorke prize essay for the year Item Preview Follow the "All Files: HTTP" link in the "View the book" box to the left to find XML files that contain more metadata about the original images .

Consideration is—with some exceptions—a required element of a contract. It is the bargained-for giving up of something of legal value for something in return. It serves the purposes of making formal the intention to contract and reducing rash promise making. Sir Frederick Pollock who first pointed it out in his book on contracts (12th ed., at p. ), when he said: “The doctrine of consideration has been extended, with not very happy results, beyond its proper scope, which is to govern the formation of.

The Doctrine of Consideration is one of the three essential parts which make up a valid contract, the other two being that of offer and acceptance. In a contract, if consideration is not part of the contract then it will determine whether it is enforceable or not unless it's incorporated into a deed under a seal. The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept’s most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read.


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Doctrine of consideration by J. Mazanti-Andersen Download PDF EPUB FB2

Originally published inthis book was formed from the content of the Yorke Prize Essay for The text was written by the renowned legal scholar and historian of law, Edward Jenks (). It presents a comprehensive history of the doctrine of consideration in English law. Notes are incorporated : Edward Jenks.

This chapter examines the role of the doctrine of consideration in the emergence of the action of assumpsit in England. It establishes the time at which the action of assumpsit became associated with the doctrine of consideration doctrine of consideration book discusses the essential features of.

The Doctrine of Consideration is one of the three essential parts which make up a valid contract, the other two being that of offer and acceptance.

In a contract, if consideration is not part of the contract then it will determine whether it is enforceable or not unless it's incorporated into a deed under a : $   : The History of the Doctrine of Consideration in English Law: Being the Yorke Prize Essay for the Year (Classic Reprint) (): Jenks, Edward: Books.

The Doctrine of Consideration is one of the three essential parts which make up a valid contract, the other two being that of offer and acceptance. In a contract, if consideration is not part of the contract then it will determine whether it is enforceable or not unless it's incorporated into a deed under a : This chapter examines the establishment of a firm association between the action of assumpsit and the doctrine of consideration in England during the s.

This connection was highlighted by the setting of the requirement to aver consideration in the pleadings, and the importance of the doctrine of consideration was emphasized by the fact that at no time was any particular form of words.

As defined by Sir Frederick Pollock, consideration 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. Consideration is crucial in all contracts, and only with its presence will an agreement be deemed legally enforceable.

The doctrine of consideration is arguably the most controversial doctrine in British contract law since its inception in the twelfth century. Indeed, on the one hand, judges and scholars increasingly criticise the doctrine by deeming it to be unnecessary, and on the other hand, it still remained a fundamental requirement for the formation of all binding contracts.

Consideration is the ‘agreed equivalent and inducing cause of the promise (pgcontract law purple book). It is the price for which the promise of the other is bought (law of contract, pg 60). Traditionally, the doctrine of consideration has been defined as either a detriment to the promisee or a benefit to the promisor.

* Jenks [] defines the doctrine of consideration as it was practiced in the s and traces its evolution to its origins in the twelfth century. He argues "the doctrine of consideration was apparently unknown to the Roman : Edward Jenks.

The doctrine of consideration is based upon the idea that a promisee must give or promise to give something in return for the promise or unless the promisor has obtained or been promised something in return.

The traditional concept of consideration is an objective one as only the things the parties said and did are taken into account, rather. History of the Doctrine of Consideration.

It is the presence of consideration which distinguishes a contract from a bare agreement. In fact the doctrine of consideration has been incorporated in Section 25 of the Indian Contract Act. Books shelved as consideration The Lake Effect by Erin McCahan, Calling My Name by Liara Tamani, Devils Within by S.F.

Henson, Water in May by Ismé. The Doctrine of Consideration is an article from Harvard Law Review, Volume View more articles from Harvard Law this article on THE DOCTRINE OF CONSIDERATION.

THE DOCTRINE OF CONSIDERATION. IN spite of all that has been written and said in explanation of the doctrine of consideration, the law is still far from clear upon the subject. The courts are not consistent in their applica-tion of the rule, partly because they are unwilling to enforce it.

The doctrine of consideration is a very incoherent and uncertain area of contract law. The doctrine encompasses much conflicting case law, and is subject to a great deal argument and debate.

One area of difficulty is that it is difficult to establish the exact function (s) of the doctrine. Consideration Doctrine. Begin by reading the following Restatement (Second) provisions concerning consideration doctrine.

Restatement (Second) of Contracts § Requirement of a Bargain (1) Except as stated in Subsection (2), the formation of a contract requires a bargain in which there is a manifestation of mutual assent to the exchange and a consideration.

a doctrine that can be used to enforce a promise when the promisee has justifiably relied on it, and justice will be better served by enforcing it Dwight offers to buy a book owned by Lee for Lee accepts and hands the book to Dwight.

claiming that the consideration for a contract between them was inadequate. The court likely will. Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed).

The concept of consideration has been adopted by other common law jurisdictions, including the US. The consideration doctrine, regarded by many as the centerpiece of contract law, has produced a vast literature and intense controversy. Its origins are still shrouded in mystery, and its functions, of which there are many, are ill-defined.

Because the history of the doctrine has many layers, those who have attempted to study it from the perspective of their own age have often been misled. Gordon III., A Dialogue About the Doctrine of Consideration, 75 CORNELL L.

REV. () to name a few. 5. Meaning functional in the sense that an adjudicating court will make the determination of whether consideration is present based on the underlying and unstated decision to enforce or not.The doctrine of consideration can therefore be seen as a set of rules, which play the principal role in the decision by the courts as to which agreements or promises are found to be legally binding.

So book a bus ticket with 1, taka. In this case my promise, the consideration is the travel service and the bus company’s promise, the.book's theme of the centrality of the private-law relationship, my contri Changing Nature of the Doctrine of Consideration, () 26 J Legal Hist For the purposes of developing a theory of consideration, I have found the work of Ibbetson to be particularly helpful.