LAW 122 Chapter Notes - Chapter 8: Estoppel
Document Summary
Adequate consideration: has same value as the consideration for which it is exchanged: peppercorn theory: value of consideration does not have to be the same on both sides (cid:224) e. g. can trade a peppercorn for a horse, describe past consideration and explain why it cannot support a contract. Past consideration: consists of something that a party did prior to the contemplation of a other party"s consideration contract: no mutuality is present, terms of contract need not be entirely settled at the outset but there needs to be sufficient meeting of the minds, consideration needs to be part of bargaining process. Past consideration is no consideration at all, act that was actually performed before contract proposed cannot provide consideration for that agreement: but can contract can be supported by promise to fulfill a pre existing obligation, distinguish between (i) pre-existing public duties, (ii) pre-existing contractual obligations owed to a third party, and (iii) pre-existing contractual obligations owed to same party.