consideration, primary estoppel
| Front | Reforming the Doctrine of Consideration |
| Back | topic Sentence: Calls for reforming or abolishing the consideration doctrine suggest that current rules may conflict with modern business practices and party intentions.Criticisms:Excessive Technicality: Consideration is viewed as overly technical and artificial, with the potential to invalidate agreements that the parties intended to be legally binding.Coherence Issues: The law inconsistently applies the principles of consideration, especially in cases of pre-existing duties and practical benefits.Reform Proposals:Abolish the Doctrine of Consideration: Move to a simpler system based on offer and acceptance.Reinterpret Consideration: Expand the concept of consideration to include any good reason for enforcing a promise (e.g., PS Atiyah’s proposal). |
| Front | Family Arrangements and Intention |
| Back | Topic Sentence: Family arrangements typically lack intent to create legal relations unless circumstances suggest otherwise.Key Case: Jones v Padavatton [1969]Mother promised accommodation for daughter’s bar studies; held to lack legal intent due to vagueness and familial nature. |
| Front | Promissory Estoppel and Formalities |
| Back | Topic Sentence: Alternative doctrines such as promissory estoppel and formalities will be discussed in subsequent lectures.Relevance: These doctrines provide avenues for enforcing promises in situations where traditional contract elements are absent. |