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As per the rules consideration is required to be sufficient however it may not be adequate. The reason for this is that parties may enter into a bargain in which each of the parties have conducted certain transactions or offered value (Cilex Law School, 2018). Held in the case of Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] consideration was developed through an act in which a promise of another party was bought in the form of price therefore the value given for such promise is considered to be enforceable. However the consideration was required to be of sufficient value which can provide the consideration a legal worth.
There has to be a contract in which a deed or a contract must comply with the certain formalities. Thus, this indicates an availability of “promissory estoppel” doctrine which ensures enforceability of consideration contract. For example in the case of White v Bluett [1853] a son promised that he would not bore his father with continuous complaints cannot be considered as a contract (Cilex Law School, 2018). However his father is also not liable to provide any consideration and he may not be able to sue him on a promissory note. Gan (2021) mentioned that the Promissory note doctrine is considered as a path-breaking situation in which decisions undertaken by parties are considered as self-developed statutory obligations. On the other hand a contract may be put to void in case if it is not legally enforceable. Therefore consideration between parties is required to be designated with the particular terms of contract.
An obligation to a contract may exist between the places of utility law in the different sectors such as to go back on his words. Here, it has occurred in this scenario that Mark not give money as his work becomes completed. The case law found a precedent that may be based on the prior judicial decision that may be compared to specific regulations or statutes. Therefore, there may some of commercial transaction become a vital role in the process of making presumptions. These may create alegal obligation if any type of agreement have been created.
As per the contract law 1990 as Contract Act 1990 incorporates the contractual obligations if there is any kind of laws of related conflict. Further under the section 2 (h) mutual assent is required to be expressed through a particular acceptance and a valid offer (London, 2020). Therefore the contract is established to be sufficient and not be considered as an option which is required to be enforceable and ceased by particular law. On the other hand it is also identified that a contract can be considered under the consensus theory and incorporated as an objective interpretation which relies on actual intention and towards the law of contract. Ben-Shahar and Porat (2019) law between parties may include mandatory rules where a contract may be considered as inevitable. Moreover it is indicated that contractual intention is considered as a legal agreement however legal intentions are required for partes n order to create a binding effect on both the parties. This creates a free consent of the parties along with a particular capacity which makes a contract a lawful object (Gan, 2021). Adequate consideration is necessary to be followed in order to develop a contractual agreement.
The question is arise whetherSusan and Jamesmay claim to have the provided considerationor have done anything more than the bond. If not, then there is no liable consideration to Mark by enforcing him further there is no promise to the contracting party.
This was found in the case of Chappell & Co Ltd v Nestlé [1959] in which manufacturers of the chocolate sold chocolate bars at a particular consideration where acts and omissions were created on a little value (Cilexlawschool, 2018). Thus it was amounted under a certain consideration which specifies it to be a contract and contractual intention. Therefore past consideration is required to be made in order to maintain the contractual terms and conditions in order to keep contractual intentions.
However there may be differences in the case of offers as well as invitations while considering a contract. There has to be an expression of willingness in order to develop an offer or invitation. These expressions can be in the form of direct contact by an offeror or may include a reward. Therefore this indicates that adequacy of consideration is necessary which indicates involvement of lawful agreement. Both sufficient and adequate consideration involves a particular value, on the other hand consideration in both the topics are different (Boutron et al. 2019). Adequate consideration is based on fair value in a contract however a sufficient consideration considers the value as a factor whether there is a fair value or not.
(B) Advice to Susan and James
A contract has to be done in either in form of a promise or an agreement, however this must be in the form of a value or consideration or a promissory note. Further, a promissory plays an important role in generating a particular contract. There are three separate parties identified for the case study namely, Mark (the disabled person), Susan (the police officer) and James (the helper).Further in the particular contract it is indicated that Mark was disabled and thus he informed Susan, the police officer helped him to get the thief while James brought the petrol. The elements of the contract mention the parties, the acceptance made by the contractor Mark, consideration of paying rewards to the contractee on behalf of the help rendered by both James and Susan. However, it is assumed that a contract is required to be developed on a particular value or consideration, although there is consideration in this case, the situation cannot be considered as a contract (O’Gorman, 2022). Since there was adequate or sufficient amount promised to be paid further, in order to develop a valid as well as an enforceable contract, the following is necessary:
Mark and Susan
The contract entered by Mark and Susan mentions the consideration of Mark paying Susan £100 after Susan catches the thief who stole Mark’s petrol.Susan had readily agreed to help Mark in catching the thief as the statutory obligation of a police officer is in protecting people and property without exchanging beneficiary rewards.The past consideration in this case was present as Mark, the promisor had made a promise to pay Susan, the promise for the payment of reward after the consideration was fulfilled by James. This was however beyond the rules of statutory obligation for which Susan cannot claim the money.However, as per the case study, out of the above regulations, only the first two points are fulfilled in the particular case. Therefore, the promise of Mark to pay Susan with £100 cannot be a contract, while Mark is also not liable to pay the amount.
Mark and James
The contract entered by Mark and James mentions the consideration of Mark paying James £20 after James offered to help Mark in bringing petrol for which Mark paid him £10 as the price of the petrol. However, Mark did not promise James to pay the £20 for the help before he went to get the petrol. The past consideration in this case was absent as Mark, the promisor had made no promise to pay James, the promise for the payment of reward before the consideration was fulfilled by James. Therefore, no evidence of a contract is present here. After the work Mark refuses to pay James as well which can be considered as a contract, however, this will not be a valid contract, since the offer was not made by Mark directly to James. Similarly, there was no such contract made or any promissory note was given to James for making such consideration (Swain, 2019). Thus, James cannot also sue Mark for not making the consideration of the contract. Sufficient consideration is identified as an economic value that needs to be provided during or while entering into a contract, which may not necessarily involve bargain. Further in this case it was found that the value provided by mark was £20 however, Mark promised to pay £100. This ensures that there was a bargain considered by Mark, hence this cannot be considered as a contract hence this may not be longer identified under consideration law.
Benson (2020) it is indicated that there has been a freedom to contract as courts operate in the same principle and determines contract under mutual agreement with a free choice of entering the contract. As per the views of Morris (2019), hence accepting the fact that consideration in a particular contract between the parties is not required to be adequate however it is required to be sufficient.
The contract is an agreement that gives rise to the obligation which is recognized or enforced by the law. Contract law protects the agreement that has been made by two parties. According to the “Arvind, Contract Law, 2 and Edition, OUP, Part 1 - Chapters 2 to 5”, the problem-based learning approach allows students to engage with each topic through real-world problems and its values encourage the deep learning of the law (Arvindet al. 2017). Other than that, there are four types of contracts that can be made by the parties, “Bargaining and Agreeing, Consideration, Contracts, and informal relations, and non-contractual promises”. According to Arvind, “Contract Law, 2nd Edition, OUP, Part 1 - Chapters 5”, contract law is only applicable when contractual obligation arrives, otherwise, it is not possible to apply contract law (books, 2022). Written documents are the most important factor that needs to analyze properly to take action. Applications are required to work out to identify, what are the rules actually are that can be applied. Other than that, “Chapter 2 of Contract law”, also discussed the “Paternalistic Law” to understand the chase properly. The signed agreement is the main evidence that can help the judge to make a decision. A lost document may reduce the effectiveness of the case that needs to taking care of.
Mark’s case as a valid or an enforceable contract. In the following case, a particular person performing an existing public duty is not liable to enter into a contract based on a consideration. They are not liable to enter into any extra amount of contract based on consideration. Hence, this cannot be considered an adequate consideration. Moreover, held in the case study of Collins v Godefrey Collins was found to have been sued by Godefrey, however, there was no evidence from Collins and is required to provide evidence. Collins provided an invoice and demanded the payment. Moreover, Collins was on public duty in which this type of commencement cannot be considered as an enforceable contact or a contract with a consideration. A “Breach of Contract” may occur in this type of case study as Mark fails meets its obligation (Upcounsel, 2022). There is no written contract has been made but Mark off £ 100 paid to Susan for caught the thief. On the other hand, Mark refuses to pay the money for the work done by Susan.
As per “Stilk v Myrick, (1809) 2 Camp 317”, the agreement cannot be enforceable because there was no presence of consideration provided by the contractor for the promise in paying the contractee (Australiancontractlaw, 2022). Following this cause, Mark had no obligation to pay James. Based on the case law of “Williams v Roffey Bros & Nicholls (Contractors) Ltd [1991] 1 QB 1”, within a varying contract the promise extended containing contractual obligation constitutes good consideration as long as a benefit can be conferred on the promisor(Lawteacher, 2021).
Further, lack of consideration may include the obligation of one party while the other party may not be obligated to act. Therefore, courts might not interfere with the parties of the contract to act accordingly. Moreover, it is advised to Susan to not consider this as a contract since the act done by Susan was during the duty. Hence, no such monetary consideration could be identified as a contract nor Susan is liable to consider this as contract since it could only be considered as a duty. On the other hand, James could consider this as a contract however, Mark is not liable to pay a particular amount, while £20 could be regarded as a good consideration.
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