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Currie V Misa Case Study

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The definition of ‘consideration’ according to the case of Currie v Misa is that consideration may consist either some detriment suffered by one party or some benefit accruing to the other. Consideration is important to a valid contract because an agreement without a valid consideration is not enforceable. The doctrine of consideration is a very uncertain and incoherent area in the law of contract. The doctrine of consideration involves loads of case law that is contradictory with each other, and is subject to a great deal of debate and argument. One area of difficulty is that it is not clear when a person’s performance of, or a promise to perform, a pre-existing obligation can constitute good consideration.
Generally the performance of an existing contractual obligation owed to the same party making new promise does not constitute good consideration. The old case of Stilk v Myrick had been established as the legal principle where the performance of an existing contractual duty possibly will not be good consideration for a new promise from the party to whom
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The cause for the doubt concerns with the extent of the decision made by the Court of Appeal in Williams v Roffey Bros & Nicholls (Contractors) Ltd where it proposes that performance of an existing contractual obligation owed to the promisor can constitute good consideration if it brings about a ‘practical benefit’ to the promisor. In South Caribbean Trading Ltd v Trafigura Beheer BV, Colman J have doubts regarding the correctness of the decision in the case of Williams v Roffey Bros & Nicholls (Contractors) Ltd. Colman J specifically noticed that the decision was not consistent with the established rule that consideration must move from the promise, as well as that the House of Lords had yet to declare that the case of Williams v Roffey Bros & Nicholls (Contractors) Ltd was wrongly

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