Collins v godefroy. Consideration Cases Flashcards 2019-01-06
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Collins v Godefroy
When a creditor and a debtor who are at arm's length reach agreement on the payment of a debt by instalments to accommodate the debtor, the creditor will no doubt always see a practical benefit to himself in so doing. For example, in the case of , John Tweddle promised William Guy that he would pay a sum of money to the child of William Guy, and likewise William Guy promised John Tweddle that he would pay a sum of money to the child of John Tweddle, upon the marriage of the two children to each other. I am glad to hear of your intended marriage with Ellen Nicholl, and, as I promised to assist you at starting, I am happy to tell you that I will pay to you £150 yearly during my life and until your annual income derived from your profession of a Chancery barrister shall amount to 600 guineas. This is because he is already bound to pay the full amount, an agreementbased on the same principle as Stilk v Myrick 1809. Plaintiff may have taken advantage of this position to make a hard bargain, but this did not amount to duress. Such usage, therefore, may be considered the foundation of an implied contract. We are aware of the practice which has prevailed in certain cases, of allowing, as costs between party and party, so much per day for the attendance of professional men; but that practice cannot alter the law.
The plaintiff ran into financial difficulties after completing the work on nine of the flats and only carrying out the preliminary work on the rest. The money counts were added. A cannot enforce this promise as hisconsideration, giving B a lift, is past. The son sued the father who had not paid. Stilk v Myrick 1809 King's Bench 11. Issue: Was there good consideration for the additional payment? A promise to perform a pre-existing contractual duty owed to a third party as opposed to the performance of that duty may also amount to consideration.
Besides, it may be fairly inferred from the statute 5 Eliz. Held: payment should be made for this. Held It was held that normally in such a case, the bank would promise not to enforce the debt, but this was not done here. This rule originates from the case of Stilk v Myrick 1809 2 Camp. A mother was promised £1 maintenance per week from the father to keep their child well looked after and happy. It is just, therefore, one of those cases where it seems quite reasonable for parties to contract that they should estimate that damage at a certain figure, and provided that figure is not extravagant there would seem no reason to suspect that it is not truly a bargain to assess damages, but rather a penalty to be held in terrorem. The Supreme Judicial Court is the repository of the power of the judicial department to control the practice of law by its own officers.
Held: The court allowed them to insist on the rest being paid and said that cashing a cheque gave rise to a rebuttal presumption of acceptance. Godefroy obtained a verdict, which the Court of Common Pleas afterwards set aside. Adam, though the Court decided that no compensation should be allowed to two merchants coming from abroad as witnesses, Lord Ellenborough expressly stated that the Court did not lay down any peremptory rule, that in no case whatever, where a witness came from abroad, should and allowance be made to him for loss of time. It is nothing more than control over the bar which in one way or another the judicial department has always exercised. These principles have been fully developed in opinions and decisions of this court, citing authorities from many jurisdictions.
Held: The Supreme Court of New Jersey found that the officer's actions were in pursuance of his public duty and therefore, he was not entitled to the reward. When the plaintiffs asked for some security, the defendant promised to provide some goods but never produced them. The defendants refused to pay on the grounds that the police were performing their duty to keep the peace. Arguably the defendant in Stilk v Myrick had also gained some practical benefit, by not having to replace the crew and incur delays. X asked for coal to be delivered to Pegg.
Williams completed the work on more flats but did not receive full payment. The agreement was ambiguous, as the promise could have meant not suing on the judgment at all, including for the interest or merely not suing for enforcement of the judgement, if the defendant was paying off the debt. It is easy to forget, even though not quite fifteen years have elapsed, but reference to the documents cited in the footnote will serve to recall the general condemnation which for a number of years had been visited upon the custom of special justices practising in their own courts, especially upon the criminal side. Part payment of debts The general principle is that part payment of a debt is not good consideration for a promise by the creditor to forgo the balance. This is an agreement between a debtor and agroup of creditors, under which the creditors agree to accept a percentage of their debts eg, 50p inthe pound in full settlement. Approved Pinnel's case- Part payment of a debt is not good consideration.
It was held that Collins could not enforce the promise as he was under a statutory duty to give evidence in any event. To subject the party, therefore, to the penalty, that statute requires that there should be tendered to him merely that reasonable sum for his costs and charges, which, with regard to the distance of the place, ought to be allowed. X sold the coal to Pegg and ordered Scotson to deliver the coal to Pegg. Contract between the shippers and the carriers contained a clause exempting the liability of the carriers for damage to the machine whilst being unloaded. We need not define their rule making powers in this respect. Held: Although there was a contract between the two fathers, the son could not enforce the agreement as he had not given any consideration for the promise of the money.
Held: The Court of Appeal, in majority decision, decided that the mother had gone beyond her legal duty by allowing the child to decide who she wished to live with and that this was sufficient consideration. Report of the Attorney General for Year Ending Nov. However, it can be implied or made by conduct as in the Hughes Case 1877. But though damage as a whole from such a practice would be certain, yet damage from any one sale would be impossible to forecast. The consideration does not have to move tothe promisor. The right of action if it exist must accrue either by common law or by statute.
Tenth Report of Judicial Council 1934 , 19. You have a public duty to vote and do jury service. Report of Special Commission on Public Expenditures Senate Doc. Issue: Was there sufficient consideration for the extra payment? Neither is it obliged to call the legislative department to its assistance. In considering the questions involved we have not found it necessary to determine whether reliance could also have been placed upon G.
