Sufficient Consideration in UK Law

Leading Cases
  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.

    We can leave aside cases of personal injury or damage to other property as presenting no difficulty. It is only the damage for the house which requires consideration. In my respectful opinion the Court of Appeal was right when, in Sparham-Souter's case it abjured the view that the cause of action arose immediately upon delivery, i.e., conveyance of the defective house.

  • Anns v Merton London Borough Council
    • House of Lords
    • 12 May 1977

    If they do not exercise their discretion in this way they can be challenged in the courts. Thus, to say that councils are under no duty to inspect, is not a sufficient statement of the position. They are under a duty to give proper consideration to the question whether they should inspect or not. Their immunity from attack, in the event of failure to inspect, in other words, though great is not absolute. And because it is not absolute, the necessary premise for the proposition

  • Ward v Byham
    • Court of Appeal
    • 16 Jan 1956

    I approach the case therefore on the footing that the mother, in looking after the child, is only doing what she is legally bound to do. Even so, I think that there was sufficient consideration to support the promise. I have always thought that a promise to perform an existing duty, or the performance of it, should be regarded as good consideration, because it is a benefit to the person to whom it is given.

  • Osenton (Charles) & Company v Johnston
    • House of Lords
    • 09 May 1941

    In other words, appellate authorities ought not to reverse the Order merely because they would themselves have exercised the original discretion, had it attached to them, in a different way. But if the appellate tribunal reaches the clear conclusion that there has been a wrongful exercise of discretion in that no weight, or no sufficient weight, has been given to relevant considerations such as those urged before us by the Appellant, then the reversal of the Order on appeal may be justified.

  • Airbus Industrie GIE v Patel
    • House of Lords
    • 02 Apr 1998

    I approach the matter as follows. As a general rule, before an anti-suit injunction can properly be granted by an English court to restrain a person from pursuing proceedings in a foreign jurisdiction in cases of the kind under consideration in the present case, comity requires that the English forum should have a sufficient interest in, or connection with, the matter in question to justify the indirect interference with the foreign court which an anti-suit injunction entails.

  • Rover International Ltd v Cannon Film Sales Ltd
    • Court of Appeal (Civil Division)
    • 25 May 1988

    The question whether there has been a total failure of consideration is not answered by considering whether there was any consideration sufficient to support a contract or purported contract. The test is whether or not the party claiming total failure of consideration has in fact received. any part of the benefit bargained for under the contract or purported contract.

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Legislation
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • England & Wales
    • January 01, 2014
    ...... (e) avoiding delay, so far as compatible with proper consideration of the issues. . (3) The Tribunal must seek to give effect to the ... with the application a schedule of the costs claimed in sufficient detail to allow summary assessment of such costs by the Tribunal. . (5) ......
  • Capital Gains Tax Act 1979
    • UK Non-devolved
    • January 01, 1979
    ...... .   . ( b . ) the aggregate amount or value of the consideration for. all the disposals of assets made by him (other than. disposals gains ...) above shall,. unless the inspector otherwise requires, be sufficient compliance. with any notice under section 8 of the Taxes Management Act ......
  • Development Land Tax Act 1976
    • UK Non-devolved
    • January 01, 1976
    ......disposed of for a consideration equal to its market value at that. time and to be immediately reacquired ...as other sufficient consideration for the payment is shown to have. been given. . (3) Where ......
  • Income and Corporation Taxes Act 1988
    • UK Non-devolved
    • January 01, 1988
    ......so far as other sufficient consideration for the payment is shown. to have been given. . (3) Where ......
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Books & Journal Articles
  • On the Environmental Externalities of Global Trade
    • Nbr. 19-4, October 1998
    • International Political Science Review / Revue internationale de science politique
    In the study of international political economy, there is little discussion on how economic development affects the global environment. Yet natural degradation can be one of the most pervasive and ...
  • The economics of the Internet public library
    • Nbr. 16-2, August 1998
    • Library Hi Tech
    • 69-83
    The economic model of the theory of the firm is a helpful framework to be applied to libraries. In particular, cost‐minimization measures can help determine how not‐for‐profit organizations should ...
  • Integrating leadership research: a meta-analytical test of Yukl’s meta-categories of leadership
    • Nbr. 45-6, September 2016
    • Personnel Review
    • 1340-1366
    Purpose: The purpose of this paper is to test the theoretical proposition, put forward by Yukl et al. (2002), that the leadership constructs of transformational and transactional leadership, laisse...
    ...... transformational and transactional leadership, laissez-faire,consideration, and initiating structure can be arranged into three meta-categories of ...relations,task, and change-orientedleadership) were sufficient to explain the leadership constructs of transformational and ......
  • Human Rights Issues in Guantanamo Bay
    • Nbr. 68-5, October 2004
    • Journal of Criminal Law, The
    This article addresses the developments surrounding the continued detention and treatment of the detainees at Guantanamo Bay, Cuba, and examines the legal issues arising from them. The present poli...
    ......Consideration is also given as to whether the legal measures taken until now are ...There is sufficient evidence to . 5 J. Elsea, ‘Terrorism and the Law of War: Trying ......
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Law Firm Commentaries
  • Consideration for Covenants
    • JD Supra United Kingdom
    The recent UK High Court decision in Re-use Collections Limited v Sendall & May Glass Recycling Ltd, highlights to employers that new restrictive covenants will not be enforceable against emplo...
    ......For the employee just to continue working will not be sufficient for the individual to be bound by the new covenants. . Introduction. . Employers are well advised regularly to review the restrictive covenants ......
  • Post Termination Restrictions: Always Consider Consideration
    • Mondaq UK
    ...... When a new joiner is offered a contract of employment that contains post-termination restrictions, the job offer in itself is sufficient consideration to ensure the restrictions are binding (in theory at least; note this doesn't guarantee enforceability). But what about existing ......
  • Intention To Create Legal Relations
    • Mondaq UK
    ...... Consideration: The term sheet made no reference to consideration and this was presented ... practical benefit of value and that this constituted good and sufficient consideration to make the promises contained in the term sheet ......
  • How Do You Make Your Restrictive Covenants Work For You?
    • Mondaq UK
    ......Including as to. whether or not there was sufficient consideration to make the. covenants legally binding. The good news is ......
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