Should the 'Doctrine of Consideration' be abolished?

Nonfiction, Reference & Language, Law, Business
Cover of the book Should the 'Doctrine of Consideration' be abolished? by Ciaran Gallagher, GRIN Verlag
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Ciaran Gallagher ISBN: 9783668186385
Publisher: GRIN Verlag Publication: April 4, 2016
Imprint: GRIN Verlag Language: English
Author: Ciaran Gallagher
ISBN: 9783668186385
Publisher: GRIN Verlag
Publication: April 4, 2016
Imprint: GRIN Verlag
Language: English

Essay from the year 2016 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, National University of Ireland, Galway, course: Corporate Law, language: English, abstract: This essay is asking the question whether the doctrine of consideration ought to be abolished. It will argue that all that should be required for a legally binding promise is a clear intention to be bound by the terms of a promise and, perhaps, detrimental reliance on that promise by the other party. The Doctrine of Consideration is one of the three essential parts which make up a valid contract, the other two being that of offer and acceptance. In a contract, if consideration is not part of the contract then it will determine whether it is enforceable or not unless it's incorporated into a deed under a seal. This particular requirement in terms of contract law has been put under much scrutiny recently and there have been calls for the abolition of the doctrine. In this essay we will take a look at the functions of consideration, it's purpose in modern law and the possible alternatives were it to be abolished. Consideration is prone to much criticism as it is said to have a very narrow scope as a definition with many suggesting that the narrowness the doctrine shows is now more about denying legal effect in most promises. The thinking behind this criticism is that many courts bring consideration into cases without a second thought and use it as a tool to guide their judgements. This then leads to it being open to many more avenues such as the Williams v Roffey case where they suggested that practical benefit counted as sufficient consideration. This then leads to unlawful claims as never before had consideration been brought into a pre-existing contract case.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Essay from the year 2016 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, National University of Ireland, Galway, course: Corporate Law, language: English, abstract: This essay is asking the question whether the doctrine of consideration ought to be abolished. It will argue that all that should be required for a legally binding promise is a clear intention to be bound by the terms of a promise and, perhaps, detrimental reliance on that promise by the other party. The Doctrine of Consideration is one of the three essential parts which make up a valid contract, the other two being that of offer and acceptance. In a contract, if consideration is not part of the contract then it will determine whether it is enforceable or not unless it's incorporated into a deed under a seal. This particular requirement in terms of contract law has been put under much scrutiny recently and there have been calls for the abolition of the doctrine. In this essay we will take a look at the functions of consideration, it's purpose in modern law and the possible alternatives were it to be abolished. Consideration is prone to much criticism as it is said to have a very narrow scope as a definition with many suggesting that the narrowness the doctrine shows is now more about denying legal effect in most promises. The thinking behind this criticism is that many courts bring consideration into cases without a second thought and use it as a tool to guide their judgements. This then leads to it being open to many more avenues such as the Williams v Roffey case where they suggested that practical benefit counted as sufficient consideration. This then leads to unlawful claims as never before had consideration been brought into a pre-existing contract case.

More books from GRIN Verlag

Cover of the book Fundamentale Aktienanalyse - ein Überblick by Ciaran Gallagher
Cover of the book Joy Harjo bannt die Vision in der Gegenwart, die verloren ging by Ciaran Gallagher
Cover of the book Darstellung und Würdigung des Standort-Marketing für Nordrhein-Westfalen by Ciaran Gallagher
Cover of the book Erziehung zum Staatsbürger bei Jean-Jacques Rousseau by Ciaran Gallagher
Cover of the book Mnemotechniken innerhalb der 'Geisselhart-Technik'. Neurowissenschaftliche Bezüge und schulisch-didaktische Perspektiven by Ciaran Gallagher
Cover of the book Das persönliche Interview als Non-plus-ultra des Auswahlprozesses? by Ciaran Gallagher
Cover of the book Historische und statistische Beschreibung des Schulsprengels Mehlmeisel by Ciaran Gallagher
Cover of the book Staat - Macht und Herrschaft by Ciaran Gallagher
Cover of the book Der Berliner Kongress in den Erinnerungen des Freiherrn von Radowitz - Aspekte einer autobiografischen Perspektive by Ciaran Gallagher
Cover of the book Die Entwicklung der Rechtsstaatlichkeit in der Ukraine by Ciaran Gallagher
Cover of the book Vor- und Nachteile des Humankapitalansatzes by Ciaran Gallagher
Cover of the book FOUCAULT und die Begriffe Macht und Widerstand by Ciaran Gallagher
Cover of the book Quentin Tarantino - Rudeness im Film by Ciaran Gallagher
Cover of the book Kinderlosigkeit, Scheidung, Verwitwung - Enden von Ehen in der römischen Gesellschaft und deren Bedeutung für die Frau by Ciaran Gallagher
Cover of the book CLIL. Content and language integrated learning by Ciaran Gallagher
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy