Last edited by Daramar
Wednesday, August 12, 2020 | History

2 edition of history of the doctrine of consideration in English law found in the catalog.

history of the doctrine of consideration in English law

Edward Jenks

history of the doctrine of consideration in English law

being the Yorke prize essay for the year 1891

by Edward Jenks

  • 91 Want to read
  • 40 Currently reading

Published by Clay in London .
Written in English

    Subjects:
  • Contracts -- Great Britain

  • Edition Notes

    Other titlesConsideration, the history of.
    Statementby Edward Jenks.
    The Physical Object
    Pagination4 p. l., 225, [1] p. ;
    Number of Pages225
    ID Numbers
    Open LibraryOL17314083M

      Percy H. Winfield The Chief Sources of English Legal History, Cambridge [MA]: Harvard University Press, Description: Introduction to the study of English legal history. In Chapter VII (p. ) “Case Law,” section 2 is an overview of the Year Books as sources of case law. The courts found the limiting principle in the doctrine of “consideration,” according to which a promise as a general rule is not binding unless something is given or promised in exchange. This consideration need not be of commensurate value, but it must be of some value, must be bargained for, and cannot be simply a formality.

    Payment, in any form, under a contract; any value given at the counterparty’s request can be good consideration, including any action, inaction, or a promise. For more about consideration, see Practice note, Contracts: formation: Consideration.   English fundamental law was expressed in the majesty of the common law, the origins of which stretched back into the mists of time. For many years, Coke served James I, the first Stuart monarch, as Chief Justice of the King's Bench, one of the two main common law courts--the other being the Court of Common s: 1.

    legal English exam, you can use this book as a complete course of self-study for legal English and it is recommended to anyone who needs to use legal English at work. Each of the ten units is divided into section A (Foundation) and section B (Higher). This chapter examines the establishment of a firm association between the action of assumpsit and the doctrine of consideration in England during the s. This connection was highlighted by the setting of the requirement to aver consideration in the pleadings, and the importance of the doctrine of consideration was emphasized by the fact that at no time was any particular form of words.


Share this book
You might also like
Contemporary collectors

Contemporary collectors

Wordsworths grave

Wordsworths grave

bibliography on machine translation

bibliography on machine translation

A papist mispresented [sic] and represented, or, A twofold character of popery

A papist mispresented [sic] and represented, or, A twofold character of popery

Violence in America: historical and comparative perspectives

Violence in America: historical and comparative perspectives

diagnostic clinic in a Juvenile and Family Court setting (Metropolitan Toronto, Canada)

diagnostic clinic in a Juvenile and Family Court setting (Metropolitan Toronto, Canada)

Lossless image compression using connectionist networks

Lossless image compression using connectionist networks

Insurance company finance

Insurance company finance

Geometry, basin-characteristic, discharge and particle-size data from gaged stream-channel sites, western United States

Geometry, basin-characteristic, discharge and particle-size data from gaged stream-channel sites, western United States

Ferroalloys technology in India

Ferroalloys technology in India

Surviving the Galveston hurricane

Surviving the Galveston hurricane

religious tradesman, or, Plain and serious hints of advice for the tradesmans prudent and pious conduct, from his entrance into business, to his leaving it off

religious tradesman, or, Plain and serious hints of advice for the tradesmans prudent and pious conduct, from his entrance into business, to his leaving it off

military advisor as defined by counterparts

military advisor as defined by counterparts

History of the doctrine of consideration in English law by Edward Jenks Download PDF EPUB FB2

The history of the doctrine of consideration in English law: being the Yorke prize essay for the year by Jenks, Edward, Pages:   Originally published inthis book was formed from the content of the Yorke Prize Essay for The text was written by the renowned legal scholar and historian of law, Edward Jenks ().

It presents a comprehensive history of the doctrine of consideration in English law. Notes are incorporated : Edward Jenks. The History of the Doctrine of Consideration in English Law (Being the Yorke Prize Essay for the Year ).

Originally published: London: C.J. Clay and Sons, [viii], pp. Reprinted by The Lawbook Exchange, Ltd. ISBN ISBN Cloth. New. $ * Jenks [] defines the doctrine of consideration as it was practiced in the s and traces its Author: Edward Jenks.

Buy The history of the doctrine of consideration in English law: being the Yorke prize essay for the year by Jenks, Edward (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible : Edward Jenks.

As defined by Sir Frederick Pollock, consideration is an act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable. Consideration is crucial in all contracts, and only with its presence will an agreement be deemed legally enforceable.

We would have to adopt something like Patrick Atiyah’s view of the doctrine of consideration (see Atiyah, ‘Consideration: a restatement’ in his Essays on Contract ()), and say that ‘A defendant’s promise will be supported by consideration if the courts think that there is a good reason to enforce it even though it was not made in a deed.

Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts. The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value, which each party gives as a quid pro quo to support their side of the bargain.

Mutual promises constitute consideration for each other. If only one party offers consideration. The doctrine of consideration has probably been regarded as one of the most controversial issues in the English Law of contract. Never the less it plays a very central role in English Law.

To create a legally enforceable contract, consideration must be present. However, when a contract is made by deed, consideration is not a requirement. The common law is one of the two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the United States, large parts of the British Commonwealth and former parts of the Empire.

Perhaps its most typical product is English Contract Law, developed continuously since the birth of the common law. History of the doctrine of consideration in English law.

London: C.J. Clay and Sons, (OCoLC) Document Type: Book: All Authors / Contributors: Edward Jenks. Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed).The concept has been adopted by other common law jurisdictions.

The court in Currie v Misa declared consideration to be a “Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility”. The doctrine of consideration is one of the most fiercely debated aspects of the law of contract in Common Law jurisdictions. Consideration emerged during the sixteenth century as an element of actions in assumpsit (breach of promise or undertaking).1 It has suffered criticism from judges,2 academics3 and the English Law.

English Law would lose nothing if the doctrine of consideration were to be abolished because recognition of the doctrine is a mere Encumbrance Declaration This dissertation on the hypothesis was completed wholly by myself Aaron Munaiwa The dissertation has. Consideration, in contract law, an inducement given to enter into a contract that is sufficient to render the promise enforceable in the courts.

The technical requirement is either a detriment incurred by the person making the promise or a benefit received by the other person. Articles. P.S. Atiyah, "Consideration: A Restatement" in Essays on Contract (OUP ) ; LL Fuller, "Consideration and Form" () 41 Columbia Law Review ; F Kessler, "Contracts of Adhesion—Some Thoughts About Freedom of Contract" () 43(5) Columbia Law Review ; S Gardner, "Trashing with Trollope: A Deconstruction of the Postal Rules in Contract" () 12 Oxford.

Buy The History of the Doctrine of Consideration by Edward, Jenks (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible : Jenks Edward.

Decision repudiated doctrine advanced by Lord Mansfield that consideration was closely tied to moral obligations and, in particular, that a pre-existing moral obligation furnishes consideration for one’s susequent promise to pay (a doctrine that essentially dispenses with consideration as a.

An illustration of an open book. Books. An illustration of two cells of a film strip. Video. An illustration of an audio speaker. Audio.

An illustration of a " floppy disk. Software. An illustration of two photographs. Full text of "The doctrine of consideration treated historically and comparatively". Consideration Doctrine. Begin by reading the following Restatement (Second) provisions concerning consideration doctrine.

Restatement (Second) of Contracts § Requirement of a Bargain (1) Except as stated in Subsection (2), the formation of a contract requires a bargain in which there is a manifestation of mutual assent to the exchange and a consideration.

The history of the development of this doctrine is a matter of controversy. Some writers have argued that a study of the history of the English law of contract shows that ‘consideration’, when first referred to by the judges, meant simply a ‘reason’ for enforcing a promise.

15 According to this view, such ‘reasons’ could be wide. The doctrine of consideration is arguably the most controversial doctrine in British contract law since its inception in the twelfth century. Indeed, on the one hand, judges and scholars increasingly criticise the doctrine by deeming it to be unnecessary, and on the other hand, it still remained a fundamental requirement for the formation of all binding contracts.

: The English doctrine of consideration in contract. (): Brown, Richard: Books.The doctrine of course has its roots in the early common law.

A study of its history would reveal that the personal actions of covenant and debt are the 2 aspects which have helped the evolution of the doctrine. The action of covenant was the action which was brought upon instruments which are enforceable by the virtue of their form.