ADMN 3250H Chapter Notes - Chapter 8: Estoppel
5 Mar 2018
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Consideration something that has value in the eyes of the law and which a promisor receives in return for a promise: payment of money, performance of a particular service, delivery of property, etc. Past consideration: consideration must also be something of value that the person receives in return for the promise made. If a person has already received the benefit for which the promise is offered, nothing is received in return for the promise: past consideration = no consideration at all, and the promise is gratuitous. In some cases, courts will look closely at adequacy of consideration: if promisor can satisfy the court that the promise was made under unusual circumstances, the courts may intervene. If rule relating to consideration is strictly applied to a promise of a donation to charity, the agreement would not be enforceable, as the promise would be gratuitous.
