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Copeland v Greenhalf [1952] Ch 488 is an English property law case establishing that excessive use of another's land cannot be granted by way of an easement. The defendant claimed that he held a prescriptive right to leave an unlimited number of cars on his neighbour's land, by way of such a right having existed for some fifty years previously.
The first two are not frequently advocated for this use but are sometimes discussed in connection with Smith's method where similar considerations apply. Dasgupta and Maskin proposed the Borda count as a Copeland tie-break: this is known as the Dasgupta-Maskin method. [11]
The leading case is Stilk v Myrick (1809), [3] where a captain promised 8 crew the wages of two deserters provided the remainders completed the voyage. The shipowner refused to honour the agreement; the court deemed the eight crew were unable to enforce the deal as they had an existing obligation to sail the ship and meet "ordinary foreseeable emergencies".
Consideration must be an act, abstinence or forbearance or a returned promise. Consideration may be past, present or future. Past consideration is not consideration according to English law. However it is a consideration as per Indian law. Example of past consideration is, A renders some service to B at latter's desire.
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 ...
Currie v Misa Lush J. referred to consideration as consisting of a detriment to the promisee or a benefit to the promisor: "... some right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other." [9] Bolton v Madden Blackburn J, "The general rule is ...
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 ...
The Copeland Act takes its name from U.S. Senator Royal S. Copeland, its primary sponsor.Copeland's Senate Subcommittee on Crime found that up to 25% of the federal money paid for labor under prevailing wage rates was actually returned by the wage-earner as a kickback to the employing contractor or subcontractor, or to government officials. [1]