![]() |
RDG
online Restitution Discussion Group Archives |
||||||||||||
![]() |
![]() |
||||||||||||
|
Thank you for this
answer. As at present advised and so with two reservations, I respectfully
accept everything in it. I readily concede that both reservations may be
mere, but I hope harmless, pedantries.
1. If consideration consists of a promise and the promise is not fulfilled
then, in my respectful submission, the promise has failed and, with it,
the consideration. 2. I regret that I cannot recall, and I have been unable
to find, Dr Dannemann's reference to 'failure of consideration' in the
case of a gratuitous contract. I beg your pardon if, consequently, I have
not appreciated the significance of your examples. To me they illustrate
that what the common law regards as sufficiency of 'consideration' varies
according to the circumstances. Only the promisee's act or forbearance,
or his promise to act or forbear, at the request of the promisor will
do for a simple contract. However, the covenantor's seal suffices in a
specialty and the entry of judgment in Lord Archer's contract of record.
Thus, in my respectful submission, you have throughout used 'consideration'
in the one sense, rather than in two or more. In the latter case there
would have been two or more words with different meanings, but the same
form: i.e., two or more homonyms.
<== Previous message Back to index Next message ==> |
||||||||||||
![]() |
![]() |
» » » » » |
|
![]() |
|||||||||
![]() |