Contract Consideration in UK Law

Leading Cases
  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 Junho 1942

  • Hedley Byrne & Company Ltd v Heller & Partners Ltd
    • House of Lords
    • 28 Maio 1963

    Furthermore, if in a sphere in which a person is so placed that others could reasonably rely upon his judgment or his skill or upon his ability to make careful inquiry, a person takes it upon himself to give information or advice to, or allows his information or advice to be passed on to, another person who, as he knows or should know, will place reliance upon it, then a duty of care will arise.

    I think, therefore, that there is ample authority to justify your Lordships in saying now that the categories of special relationships which may give rise to a duty to take care in word as well as in deed are not limited to contractual relationships or to relationships of fiduciary duty, but include also relationships which in the words of Lord Shaw in Nocton v. Ashburton at page 972 are "equivalent to contract" that is, where there is an assumption of responsibility in circumstances in which, but for the absence of consideration, there would be a contract.

  • Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
    • Court of Appeal
    • 20 Dezembro 1961

  • Trentham (G Percy) Ltd v Archital Luxfer Ltd
    • Court of Appeal (Civil Division)
    • 20 Julho 1992

    The fact that the transaction was performed on both sides will often make it unrealistic to argue that there was no intention to enter into legal relations. It will often make it difficult to submit that the contract is void for vagueness or uncertainty. Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or, alternatively, it may make it possible to treat a matter not finalised in negotiations as inessential.

  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 Outubro 2002

    (i) there must be a common assumption as to the existence of a state of affairs; (ii) there must be no warranty by either party that that state of affairs exists; (iii) the non-existence of the state of affairs must not be attributable to the fault of either party; (iv) the non-existence of the state of affairs must render performance of the contract impossible; (v) the state of affairs may be the existence, or a vital attribute, of the consideration to be provided or circumstances which must subsist if performance of the contractual adventure is to be possible.

  • Hillas & Company Ltd v Arcos Ltd
    • House of Lords
    • 05 Julho 1932

    There is then no bargain except to negotiate, and negotiations may be fruitless and end without any contract ensuing: yet even then, in strict theory, there is a contract (if there is good consideration) to Legotiate, though in the event of repudiation by one party the damages may be nominal, unless a jury think that the opportunity to negotiate was of some appreciable value to the injured party.

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Legislation
  • Renting Homes (Wales) Act 2016
    • Wales
    • 01 de Janeiro de 2016
    ... ... dwelling as a home, including provision establishing two kinds of contract for the purpose of renting homes; and for connected purposes ... [18 ... (b) rent or other consideration is payable under it ... (2) A tenancy or licence is within this ... ...
  • The Concession Contracts Regulations 2016
    • UK Non-devolved
    • 01 de Janeiro de 2016
    ... ... an invitation or has been invited to take part in a concession contract award procedure; ... “the Commission” means the European Commission; ... execution of works to one or more economic operators, the consideration for which consists either solely in the right to exploit the works that ... ...
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ... ... contract notice means the notice referred to in ... and dynamic purchasing systems, the value to be taken into consideration shall be the maximum estimated value, ... ...
  • The Defence and Security Public Contracts Regulations 2011
    • UK Non-devolved
    • 01 de Janeiro de 2011
    ... ... means to accept an offer made in relation to a proposed contract; ... means a contract, in writing, for consideration (whatever the nature of the consideration) under which a contracting ... ...
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Books & Journal Articles
  • Contract, Consideration and the Critical Path
    • No. 53-4, July 1990
    • The Modern Law Review
  • A Critical Consideration of Substitutive Awards in Contract Law
    • No. 81-6, November 2018
    • The Modern Law Review
  • Leading Change in Policing: Police Culture and the Psychological Contract
    • No. 87-4, December 2014
    • Police Journal: Theory, Practice and Principles
    • 0000
    Police leaders have a complex and challenging role in which they balance a variety of demands related to operational areas while simultaneously managing the needs of the organisation for the future...
    ... ... The psychological contract is an important consideration in managing change. The psychological contract contains the spoken and tacit beliefs, understandings and obligations between the employer and ... ...
  • Varying ContractsConsideration, Form and Reality
    • No. 85-6, November 2022
    • The Modern Law Review
    • 0000
    In Ma Hongjin v SCP Holdings Pte Ltd, the Singapore Court of Appeal confirmed that only contract variations supported by consideration are legally binding, rejecting the suggestion that the accepta...
    ... ... to promote enterprise throughthe enhancement of party autonomy.INTRODUCTIONContract modications are traditionally regarded as instances of contract for-mation but that analytical approach has often been criticised as misconceived.Critics argue that modications are a legally distinct phenomenon ... ...
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Law Firm Commentaries
  • Is your letter of intent a patchwork of provisions?
    • JD Supra United Kingdom
    Lawyers will generally recommend that you agree and sign a formal contract before starting work on site. That said, despite good intentions, commercial necessity often requires parties to start the...
    ... ... Lawyers will generally recommend that you agree and sign a formal contract before starting work on site. That said, despite good intentions, ... - that is, there must be: certainty as to the key terms; consideration; and both parties must have a mutual intention to enter into a binding ... ...
  • Claim against parent company in tort for inducing breach of contract by subsidiary has no real prospect of success
    • JD Supra United Kingdom
    A claim for inducing breach of contract had no real prospect of success, despite the fact that a subsidiary’s breach of contract was the known and inevitable result of its parent company’s decision...
    ... ... The court’s consideration" of the tort of inducing a breach of contract in the context of a parent/subsidiary relationship is interesting as it is not uncommon for a subsidiary\xE2" ... ...
  • Inconsiderate Variation
    • Mondaq UK
    ... ... Recycling Limited, the court was asked to consider if valid consideration had been given to support a new restrictive covenant introduced during the ... , the court did find that Mr Sendall had acted in breach of his contract of employment and awarded damages to his former employer ... The case ... ...
  • The Basics: Do You Have A Contract? Is There A Binding Agreement In Place?
    • Mondaq UK
    ... ... That's because the offeree will have made a counter-offer, which, if accepted, will form the terms of the contract ... Consideration ... Consideration must have been provided by both parties. This means that a promisee cannot enforce a promise unless something has been promised ... ...
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Forms
  • Form KBD OHA
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ...   ... Reasons requiring OOH consideration ( You must explain why the matter could not be dealt with during the day, ... ...
  • Form PF10
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... consideration of the Claimant’s Article 8 right to respect for private and family life ... ...
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