(b) The issue at hand necessitates a discussion of the defendant's potential
responsibility. We'll look at whether or not consideration is adequate to form the
basis of the contract, as well as whether or not an existing obligation qualifies as good consideration, and whether the defendant is liable or not based on relevant case law. Is this a sufficient factor in the case when Charles first pledges to pay for the honeymoon? According to Currie v Misa, consideration is defined as an advantage or profit to one party and a loss or detriment to the other. This is founded on the give-and-take arrangement. Here, Charles' want to travel for the honeymoon was sufficient consideration, as was Devi and Erin's marriage sufficient consideration. Coming to the stage whether the consideration moved to the promisee. In this case, the defendant warned Devi that if he marries his sister, he would give up his honeymoon. Furthermore, there is no question of past consideration, therefore the question is whether the promise of a existing obligation constitutes good consideration. Coming to the stage where Charles committed to grant honeymoon but later refused it might be considered a breach of an existing obligation. There are four types, however this one may apply when a with a third party creates an obligation. In the matter of Jones v White, the situation regarding a pledge to execute to a third party was not taken into account at first. Promise to a third party was regarded adequate consideration in Shadwel v Shadwll, and similar views were expressed in The Eurymedon and Pao on v Lau Yiu Long 1980. This means that, in the instances mentioned above, promising to fulfil an existing duty to a third party can be considered good consideration. As a result, we can conclude that Devi, as per Pao on, and Eurymedon, can enforce the honeymoon promised by Charles in the courts.
The Self-Help Guide to the Law: Contracts, Landlord-Tenant Relations, Marriage, Divorce, Personal Injury, Negligence, Constitutional Rights and Criminal Law for Non-Law: Guide for Non-Lawyers, #3