Contracts - consideration essay (1 Viewer)

[Hermione-89]

:worried: Hey guys, my contract law assignment question is the following:

Contracts Assessment: PART A: Consideration is an artificial concept that is often inappropriate and unfairly used in the common law

can somebody please give me some advice or help on how to go about answering this, because i'm really stuck. thanks alot, greatly appreciated. cheers.

 

[MoonlightSonata]

Re: Contract Law help !

Well obviously the first thing that you will need to do is to define what consideration actually is. Then you will need to look at the justification for the rule.

In your response you should explore particular consideration cases and examine whether the doctrine actually operates to fulfill this purpose. Also consider whether the doctrine produces a just outcome. You should look also to the exceptions to the rule, and whether these accommodate any injustices or detrimental affects.

You might also look at the difference between sufficiency of consideration vs adequacy of consideration, and why the court does not look to the adequacy. Similarly, you might like to consider whether the exceptions to the rule have undermined the doctrine, and whether the doctrine has any use anymore, particularly in light of the equitable doctrine of estoppel.

 

[hYperTrOphY]

Just a reminder: our lecturer (John) has repeatedly said (see webCT discussion) that any discussion with another student about this particular assignment will constitute collusion; so I'd be careful.