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Additional info for Contract Law, Fourth Edition (Law Cards)

Example text

In Glasbrook Bros v Glamorgan CC (1925), the council, as police authority, on the insistence of a colliery owner, and in return for a promise of payment, provided protection over and above that required by law. Held -they had provided consideration for the promise to pay. In Ward v Byham (1956), the father of an illegitimate child promised to pay the mother an allowance of £1 per week if she proved that the child was ‘well looked after and happy’. Held—the mother was entitled to enforce the promise because in undertaking to see that the child was ‘well looked after and happy’, she was doing more than her legal obligation.

B ordered A to deliver coal to C who promised A to unload it. Held—A could enforce C’s promise as A’s deliver y of the coal was good consideration, notwithstanding that he was already bound to do so by his contract with B. In New Zealand Shipping Co v Satterthwaite & Co Ltd, The Eurymedon (1975), it was held by the Privy Council that, where a stevedore, at the request of the consignee of certain goods, removed the goods from a ship, this was consideration for the promise by the consignee to give the stevedore the benefit of an exclusion clause, although the stevedore in removing the goods was only performing contractual duties he owed to the carrier.

The clause in that case was not an exemption clause, but a clause imposing charges 10 times higher than normal. The Court of Appeal stated that the more unusual the clause, the greater the notice required. Notice of the term must be communicated to the other party before, or at the time that, the contract is entered into. In Thornton v Shoe Lane Parking Ltd (1971), the plaintiff made his contract with the car company when he inserted a coin in the ticket machine. The ticket was issued afterwards, and in any case referred to conditions displayed inside the car park which he could see only after entry.

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