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For consideration versus gratuitous. If a person agrees to accept a fee or other good consideration for holding possession of goods, they are generally, although not always, [9] held to a higher standard of care than a person who is doing so without being paid (or receives no benefit). Consider a paid coat-check counter versus a free coat hook ...
Bailment, negligence, strict liability, common carrier Coggs v Bernard (1703) 2 Ld Raym 909 (also Coggs v Barnard ) is a landmark case both for English property law and contract law , decided by Sir John Holt , Chief Justice of the King's Bench .
Coggs v Barnard (1703) on bailment; Pillans v Van Mierop (1765) on the doctrine of consideration; Carter v Boehm (1766) on good faith; Da Costa v Jones (1778) Hochster v De La Tour (1853) on anticipatory breach; Smith v Hughes (1871) on unilateral mistake and the objective approach to interpretation of contracts
The first is "benefit-detriment theory," in which a contract must be either to the benefit of the promisor or to the detriment of the promisee to constitute consideration (though detriment to the promisee is the essential and invariable test of the existence of a consideration rather than whether it can be constituted by benefit to the promisor ...
Tweddle v Atkinson [1861] EWHC J57 (QB), (1861) 1 B&S 393 is an English contract law case concerning the principle of privity of contract and consideration.Its panel of appeal judges reinforced that the doctrine of privity meant that only those who are party to an agreement (outside of one of the well-established exceptional relationships such as agency, bailment or trusteeship) may sue or be ...
"Past consideration is no consideration": consideration must be "executory" or "executed", but not "past"; that is, consideration must be supplied in the present or in the future, but things done beforehand cannot be good consideration. [5] ex nudo pacto actio non oritur; Dyer's case (1414) 2 Hen. 5, 5 Pl. 26
Failure of consideration is a highly technical area of law. Particular areas of controversy include: Whether the failure of the consideration must be 'total', [3] and the scope and meaning of such a requirement; Whether 'consideration' refers not only to bargained-for counter-performance by the defendant, but also a legal or factual state of ...
Scruttons Ltd v Midland Silicones Ltd [1961] UKHL 4, [1962] AC 446 [1] is a leading House of Lords case on privity of contract.It was a test case in which it was sought to establish a basis upon which stevedores could claim the protection of exceptions and limitations contained in a bill of lading contract to which they were not party. [2]