Doctrine of Consideration in UK Law

Leading Cases
  • Tesco Plc v Commissioners of Customs and Excise
    • Chancery Division
    • 21 Oct 2002

    As I understood the argument, the Commissioners accepted this analysis as a matter of domestic law. But both parties accepted that for the purpose of VAT law the term "consideration" has an autonomous meaning determined in accordance with European community, not domestic, law. The point on which they differed was the nature of this autonomous meaning.

  • Hedley Byrne & Company Ltd v Heller & Partners Ltd
    • House of Lords
    • 28 May 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.

    It would be surprising if the sort of problem that is created by the facts of this case had never until recently arisen in English law. As a problem it is a by-product of the doctrine of consideration. If the Respondents had made a nominal charge for the reference, the problem would not exist.

  • Hill and another v Haines
    • Court of Appeal (Civil Division)
    • 05 Dic 2007

    If one considers the economic realities, the order of the court quantifies the value of the applicant spouse's statutory right by reference to the value of the money or property thereby ordered to be paid or transferred by the respondent spouse to the applicant. In the case of such an order, whether following contested proceedings or by way of compromise, in the absence of the usual vitiating factors of fraud, mistake or misrepresentation the one balances the other.

    Finally, as to policy, it would be unfortunate in the extreme if a court approved, or even (an a fortiori case) a court determined property adjustment order would be liable, in practice, to be undone for up to five years because the husband goes bankrupt within that period. That could even encourage such bankruptcy on the part of a disaffected husband.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Dic 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

    It is one thing to refuse to allow a party to relitigate a question which has already been decided; it is quite another to deny him the opportunity of litigating for the first time a question which has not previously been adjudicated upon. This latter (though not the former) is prima facie a denial of the citizen's right of access to the court conferred by the common law and guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4th.

See all results
Legislation
  • Trusts of Land and Appointment of Trustees Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ...... provision phasing out the Settled Land Act 1925, abolishing the doctrine of conversion and otherwise amending the law about trusts for sale of land ... of this Act, land becomes charged voluntarily (or in consideration of marriage) or by way of family arrangement, whether immediately or after ......
  • Ecclesiastical Jurisdiction Measure 1963
    • UK Non-devolved
    • 1 de Enero de 1963
    ......involving matter of doctrine, ritual or ceremonial;. .   . ( b . ) a cause of faculty for ...laid shall take it into consideration and, as soon ais may be after. a copy thereof has been served on the ......
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......(i) for valuable or other consideration, by way of gift or in. pursuance of an order of any court, or. . . (ii) ... 96. Section 49 deals with the existing legal doctrine of tacking. The effect of this doctrine is that a chargee who has granted ......
  • Endowed Schools Act 1869
    • UK Non-devolved
    • 1 de Enero de 1869
    ......, teaches systematically and persistently any particular religious doctrine from the teaching of which any exemption has been claimed by such a notice ..., by Order in Council, may refer any such petition for the consideration and advice of five members at the least of Her Privy Council, of whom two ......
See all results
Books & Journal Articles
  • RECENT DEVELOPMENTS IN THE DOCTRINE OF CONSIDERATION
    • Núm. 15-1, Enero 1952
    • The Modern Law Review
  • WANT OF CONSIDERATION
    • Núm. 16-4, Octubre 1953
    • The Modern Law Review
    ...... Sixth Interim Report would doubtless have felt surprise at any suggestion that their recommendations as to the doctrine of consideration would come into effect “ without recourse to kgiehtion at all.” Indeed, that part of the report which ......
  • A Comment
    • Núm. 30-3, Mayo 1967
    • The Modern Law Review
    ...... Rather, we were moved by the following considerations : (1) In this sphere, the common law has not, ... A strict adherence to the doctrine of consideration has prevented the common law from adjusting ......
  • Reply to Nicholls' Comment
    • Núm. 27-1, Marzo 1979
    • Political Studies
    ...... issue which Nicholls raises, my use of the doctrine of consideration. Nicholls says that the notion of consideration ......
See all results
Law Firm Commentaries
  • 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 ... for themselves the relative value of the bargain.  This legal doctrine of consideration also applies to contracts of employment and variations to ......
  • Adjudicators' Entitlement To Payment Secured
    • Mondaq United Kingdom
    ...... The Judge considered the doctrine of "total failure of consideration."  Essentially, if the contract ......
  • Towards a European Contract Law for Consumers and Businesses: A Trojan Horse?
    • Mondaq United Kingdom
    ...... is one of a bargain (a typical example being a supply for a consideration, such as of goods and services, for a price), whereas in civil law the ... The much broader scope of the doctrine of mistake incorporated into the draft CFR is in contra-distinction to the ......
  • Plunging Oil Prices: Options for Long-term Project Participants affected by the Price Collapse
    • JD Supra United Kingdom
    Plunging oil prices over the past six months have left many participants in long-term energy projects looking at very different deals from the ones they signed. Having hovered around US$115 per bar...
    ....... Yet in many civil law jurisdictions, the doctrine of hardship may provide relief for . participants plagued by plunging oil ...should undoubtedly be the subject of . consideration by ......
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT