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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 ...
The classic definition of consideration was given by the court in the case of Currie v Misa, [21] referred to consideration as consisting of a detriment to the promisee or a benefit to the promisor, Lush J: “A valuable consideration, in the sense of the law, may consist either in some right, interest, profit or benefit accruing to one party ...
"Estop" is a verb of Anglo-Norman origin meaning "to seal up", while the noun "estoppel" is based on Old French estoupail ().When a court finds that a party has done something warranting a form of estoppel, that party is said to be estopped from making certain related arguments or claiming certain related rights.
According to Currie v Misa, [1] consideration for a particular promise exists where some right, interest, profit or benefit accrues (or will accrue) to the promisor as a direct result of some forbearance, detriment, loss or responsibility that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideration ...
The court in Currie v Misa [1] declared consideration to be a "Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility". Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act.
they act substantially to their detriment on the strength of the assurance, and it would be unconscionable to go back on the assurance. If these elements of assurance, reliance and detriment, and unconscionability are present, the usual remedy will be that the property will be transferred to the claimant, if the court views the reliance to ...
Sign vs detriment; Exaltation vs fall; Triplicity; Terms (or "bounds") Face (or "decan") For post-Classical astrologers, such as Bonatti or Lilly, the dignities had a hierarchy. The most important dignity was sign rulership; slightly less important was exaltation.
An erosion gully in Australia caused by rabbits, an unintended consequence of their introduction as game animals. In the social sciences, unintended consequences (sometimes unanticipated consequences or unforeseen consequences, more colloquially called knock-on effects) are outcomes of a purposeful action that are not intended or foreseen.