In relation to the law of contract:
(a) define and explain consideration. (3 marks)
参考答案:
Consideration English law does not enforce every promise which is made. One way in which the courts limit the type of promise that they have to deal with is through the operation of the doctrine of consideration. English law does not enforce gratuitous promises, i.e. promises given for no return, unless of course such promises are given by way of a formal deed. For a simple promise to be enforceable in a court of law, it is necessary that the person to whom the promise was made, the promisee, should have done something in return for the promise from the promisor. That something done in return for a promise is consideration and can therefore be understood as the price paid for a promise. The element of bargain implicit in the idea of consideration may be seen in Sir Frederick Pollock’s definition of it, subsequently adopted by the House of Lords in Dunlop v Selfridge (AIAE), as:‘An act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable.’An alternative, and shorter, definition of consideration is ‘some benefit to the promisor or detriment to the promisee.’ It is important to note that it is not necessary for both elements in the definition to be present to support a legally enforceable agreement. Although in practice there usually is a reciprocal exchange of benefit and detriment, it is nonetheless possible for a promisee to provide consideration for a promise without their action directly benefiting the promisor. As long as the promisee acts to their detriment, it is immaterial whether that act actually benefits the promisor or not. The promisee will still have provided consideration and the promise made to elicit the promisee’s action will be legally enforceable against the promisor.