14 May WHAT WILL BE THE RESULT?
Consideration is ‘some right, interest, profit or benefit accruing to one party, or some forbearance,
detriment, loss or responsibility given, suffered or undertaken by the other’. Using this definition look at the
following examples of problems and say if there is a valid consideration and therefore a good contract, and
if there is not then explain why.
a) John bought a horse from Harry for £100. After the contract was formed Harry told John that the
horse was very placid and good tempered. In fact the horse was bad tempered and vicious. John
wishes to sue Harry for breach of implied warranty.
b) This problem happened two hundred years ago where a man had killed another man and was in
prison under sentence of death. He asked his friend to try to find the King and get a King’s Pardon.
His friend travelled all over the country until he eventually found the King and got a pardon which he
then took to the prison where his friend was released. The man then promised to pay his friend £100
for his trouble. He later changed his mind and refused to pay. He was sued by his friend for breach
of contract. Does he have to pay?
c) X made a contract with Y for X to supply and lay a large roll of carpet at the premises of Y. The
carpet was delivered to Y’s premises but was stolen before it could be laid. X is suing Y for the
price of the carpet on the grounds that it had been delivered as agreed. What
will be the result?
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