Advise Nell that if was there valid consideration for Jack’s promise to pay £250.00?
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ISSUE OF THE CASE
In the case or in given scenario, when Mason (Sharma, 2018) left after giving partial performance of his part of the contract between him and Jack. Nell was there to perform her regular stand comedy routine as asked by Jack, and Jack decided to pay her two hundred and fifty euros in return.
Advise Nell that if was there valid consideration (Lookofsky, 2020) for Jack’s promise to pay £250.00?
RULE OF THE LAW
As per the contract act, 1872, the consideration is defined as- when there is a desire of the promisor, or promise or any other person, has done something or might be abstained from doing something or make promises to do something or might be have abstained from doing something for something in return.
Here the promise to do or not to do (Swaminathan, 2018) is consideration from one party, and some thing in return is the consideration for the other party. The term consideration means quid pro quo.
It is one of the elements of the consideration (Sharma, 2018), that the consideration need not to be adequate. The consideration is not required to have an equal magnitude and the consideration must be lawful.
A type of consideration, the past consideration (Andrews, et al., 2017) is defined as something either wholly done, or have suffered or might be forborne before there is a making of the agreement.
ANALYSIS OF THE CASE
As in the given scenario, it could be concluded that Nell and Jack were binded through a social agreement, but both Jack and Nell have never made intention about being their agreement to be legally binded, but they are ought to give rise to various legal obligations. Hence, Jack is obliged to pay two fifty euros to Nell.
As, it is one of the elements of the consideration (Sharma, 2018), that the consideration need not to be adequate. The consideration is not required to have an equal magnitude and the consideration must be lawful. Then the promise of Jack to pay two fifty euros to Nell is consider as a valid consideration.
With reference to Thomas v Thomas (1842), it was held that the consideration need not to be adequate, and yes, the concept of the past consideration is also legally obliging the Jack.
Therefore, Jack’s promise to pay £250.00 (Andrews, et al., 2017) to Nell is considered as a valid consideration.
CONCLUSION OF THE CASE
The consideration is something in return (Swaminathan, 2018), and thus need not to be adequate. Hence it has been concluded that the Jack’s promise to pay £250.00 to Nell is considered as a valid consideration.
